DOCKET NUMBER: AR20100000372
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 the following corrections of his DD Form 214 (Certificate of Release or Discharge from Active Duty):
* Item 12b (Separation Date This Period) be changed from 28 July 1990 to 21 January 1997
* Item 12c (Net Active Service This Period) be updated as a result of the change to his separation date
* Item 24 (Character of Service) be changed from uncharacterized to honorable
2. The applicant states his record has not been updated since his release from advanced individual training (AIT).
3. The applicant provides two letters addressed to the National Personnel Records Center (NPRC), DD Form 214 for the period ending 28 July 1990, and orders discharging him from the U.S. Army Reserve (USAR).
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 applicants 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 applicants 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 USAR on 21 January 1989 for 8 years.
3. The applicant was ordered to active duty for training (ADT) on 6 June 1990. He was released from ADT on 28 July 1990 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel, chapter 4 by reason of completion of ADT. On the following day, he was transferred back to his Reserve unit.
4. His DD Form 214 shows the following entries:
* Item 12b - 90 07 28
* Item 12c - 00 01 23
* Item 24 - Uncharacterized
5. Orders published on 21 January 1997 show the applicant was honorably discharged from the USAR on 21 January 1997.
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
7. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. It states that Soldiers who are in an entry level status have completed no more than 180 days of continuous active duty. Entry level status is defined as the first 180 days of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his record has not been updated since his release from AIT is acknowledged. However, the evidence of record does not indicate that an error or injustice exists in this case.
2. The applicant enlisted in the USAR in January 1989. He was ordered to ADT on 6 June 1990 and was released from active duty on 28 July 1990 with service uncharacterized. He was discharged from the USAR on 21 January 1997.
3. Based on Army Regulation 635-5, the DD Form 214 is meant to reflect the applicants active Army service at the time of his release from active duty on 28 July 1990. Therefore, his DD Form 214 shows the correct separation date of 28 July 1990 in item 12b and there is no basis for amending the net active service in item 12c.
4. The applicant was in an entry level status at the time of separation from active duty on 28 July 1990 because he had served fewer than 180 days of active Federal service. The determination that the applicant's service was "uncharacterized" was in compliance with Army regulation governing separations of Soldiers while an in an entry level status. 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. Therefore, the applicant's DD Form 214 properly reflects his characterization of service as uncharacterized.
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) AR20100000372
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100ARMY | BCMR | CY2009 | 20090009084
The applicant's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted into the U.S. Army Reserve (USAR) on 9 May 1996 for a period of 8 years. The applicant's record contains a properly-constituted DD Form 214. Therefore, the entry in item 12b of his DD Form 214 is correct as constituted and there is no basis for changing item 12b of his DD Form 214 to show any further active service beyond his completion of ADT on 26 February 1997.
ARMY | BCMR | CY2013 | 20130006452
The applicant requests correction of item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service as honorable. His DD Form 214 shows in: * item 12c (Net Active Service This Period) 4 months and 10 days (133 days) * item 23 (Type of Separation) Release from ADT * item 24 (Character of Service) Uncharacterized * item 28 (Narrative Reason for Separation) Expiration Term of Service 4. The evidence of record shows the...
ARMY | BCMR | CY2010 | 20100007531
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her character of service as honorable instead of uncharacterized. The applicant's records show that she enlisted in the Army National Guard (ARNG) on 16 March 1989 for a period of 8 years. Upon completion of her training, the applicant was released from active duty for training (ADT) on 22 February 1990 to her Minnesota ARNG (MNARNG) unit to complete her military service obligation.
ARMY | BCMR | CY2012 | 20120022785
The applicant requests correction of item 24 (Character of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicants military records show she enlisted in the USAR on 15 April 1991 and she entered active duty for training (ADT) on 29 May 1991. Only the honorable characterization may be awarded a Soldier upon completion of his or her period of enlistment or period for which called or ordered to active duty or ADT, or where required under specific...
ARMY | BCMR | CY2013 | 20130019822
The applicant provides: * his service personnel records * a service medical record, dated 5 January 1991 * DD Form 214 for the period ending 29 June 1989 CONSIDERATION OF EVIDENCE: 1. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Since he was in an entry-level status when he was released from active duty in 1989, his character of service was uncharacterized which is properly reflected on his DD Form 214.
ARMY | BCMR | CY2014 | 20140011433
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 12 May 1990, to show in: * Item 4a (Grade, Rate, or Rank) - private first class (PFC) * Item 4b (Pay Grade) - E-3 * Items 12a-e (Record of Service) - Reserve Officers Training Corps (ROTC) service credit * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) - Expert Marksmanship Qualification Badge * Item 14 (Military...
ARMY | BCMR | CY2011 | 20110007949
He submitted a letter from the USPS, dated 29 July 2010, which stated that his DD Form 214 for the period 1997 to 1998 showed his character of service as "uncharacterized" and in order for the period of such service to be counted towards his retirement computation date, it must be "honorable." Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. _____________x__________ CHAIRPERSON I certify that herein...
ARMY | BCMR | CY2008 | 20080011301
The applicant requests, in effect, that the entry in item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from uncharacterized to honorable. However, as the applicant was in an entry-level status at the time of his release from ADT on 9 June 1990, his DD Form 214 correctly has an entry of "Uncharacterized" in item 24. The fact that the applicant was honorably discharged from the Army National Guard on 31 March 2000 and from the...
ARMY | BCMR | CY2011 | 20110003927
Upon his first discharge from active duty in 1990, he was told that they couldnt put honorable on his DD Form 214 (Certificate of Release or Discharge from Active Duty) because he had served less than 180 days. Army Regulation 635-200, paragraph 3-7a, stated an honorable discharge was a separation with honor. Notwithstanding the DD Form 214 of another individual submitted by the applicant, the evidence shows the applicant, as a member of the USAR, was in an entry level status during his...
ARMY | BCMR | CY2014 | 20140007258
The applicant states there is no characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He was released from ADT on 10 October 1997 in accordance with chapter 4 of Army Regulation 635-200 (Personnel Separations) by reason of completion of required active service. He completed 3 months and 28 days of creditable active service and he received an uncharacterized character of service.