IN THE CASE OF:	  

		BOARD DATE:	  29 June 2010

		DOCKET NUMBER:  AR20090021207 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her uncharacterized service be changed to honorable service.

2.  The applicant states her character of service during the period of her active duty training (ADT) from 21 February through 24 June 1991 was categorized as uncharacterized.

   a.  She states her service during this period was honorable and the entry must be an error.

   b.  She states she is employed with the United States Postal Service (USPS) and in order to buy back her military service time and have it count for retirement purposes the period of service must be categorized as honorable.

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and a USPS, Human Resources Shared Services Center, Greensboro, NC, letter, dated 5 May 2009, that shows she is ineligible to buy back the referenced period of service because it is listed as uncharacterized.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Army National Guard of the United States and Alabama Army National Guard for a period of 8 years on 25 January 1991.

3.  Military Entrance Processing Station, Gunter Air Force Base, AL, Orders
16-24, dated 25 January 1991, ordered the applicant to initial active duty for training (IADT) on 21 February 1991 for a period of approximately 17 weeks.

4.  The applicant's DD Form 214 shows she entered active duty this period on
21 February 1991 and was released from ADT on 24 June 1991.

   a.  She was awarded military occupational specialty 76P1O (Materiel Control and Accounting Specialist).

   b.  At the time she had completed 4 months and 4 days of net active service this period and 26 days of prior inactive service.

   c.  Item 24 (Character of Service) shows the entry "Uncharacterized."

5.  Army Regulation 635-200 (Personnel Separations - Enlisted Separations) sets forth the basic authority for the separation of enlisted personnel.

   a.  Chapter 3, paragraph 3-7 (Types of administrative discharges/character of service), provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted [emphasis added].

	b.  The Glossary, section II (Terms), states that for Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first
180 days of continuous active duty following a break of more than 92 days of active military service.  For Reserve component Soldiers, entry-level status begins upon enlistment in the Army National Guard or U.S. Army Reserve.  For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her uncharacterized period of service should be changed to honorable because she served honorably during the period of her ADT and the entry in item 24 of her DD Form 214 is in error.

2.  The governing regulation provides that a separation will be described as an entry-level separation with service uncharacterized, if separation occurs while a Soldier is in an entry-level status (i.e., has completed no more than 180 days after beginning training).

3.  The applicant entered IADT on 21 February 1991, was released from IADT on 24 June 1991, and completed 4 months and 4 days (i.e., 124 days) of net active service during this period.  Thus, records confirm the applicant was in an entry-level status and her character of service for this period of service is correctly recorded as "uncharacterized."  Therefore, she is not entitled to correction of the character of service recorded in item 24 of her 24 June 1991 DD Form 214.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  As a matter of information, an uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090021207



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ABCMR Record of Proceedings (cont)                                         AR20090021207



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