IN THE CASE OF:
BOARD DATE: 22 July 2010
DOCKET NUMBER: AR20100007531
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 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.
2. The applicant states that the uncharacterized character of service on her DD Form 214 does not agree with the honorable type of discharge shown on discharge orders published by the U.S. Army Reserve Personnel Center, St. Louis, MO.
3. The applicant provides:
* a copy of Orders D-03-721983, published by the U.S. Army Reserve Personnel Center, dated 18 March 1997
* a copy of her DD Form 214 for the period ending 22 February 1990
* a copy of a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), for the period ending 1 June 1994
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's records show that she enlisted in the Army National Guard (ARNG) on 16 March 1989 for a period of 8 years. The applicant completed basic and advanced individual training and she was awarded military occupational specialty (MOS) 76V (Materiel Storage and Handling Specialist), later re-designated as MOS 92A.
3. 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. The applicant had completed
4 months and 18 days of active service and 6 months and 19 days of prior inactive service at the time of her release from ADT.
4. The applicant's DD Form 214 shows in block 23 (Type of Separation) the entry "Release from ADT" and in block 24 (Character of Service) the entry "uncharacterized." Block 28 (Narrative Reason for Separation) shows the entry "Expiration Term of Service" (ETS).
5. A copy of the applicant's NGB Form 22 shows that on 1 June 1994 she had completed a total of 5 years, 2 months, and 16 days of total service for pay. This form also shows that she was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of her statutory obligation.
6. On 18 March 1997, the applicant was honorably discharged from the USAR.
7. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for separation of enlisted personnel. Chapter 4, in pertinent part, provides for the separation or release from active duty upon termination of enlistment and other period of active duty or active duty for training. Specifically, individuals of the USAR ordered to active duty who have completed less than 180 days of continuous active duty will have their service uncharacterized, even though they have completed individual active duty for training (IADT).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be corrected to show that she was honorably discharged.
2. The applicant entered and completed ADT during the period 5 October 1989 to 22 February 1990. She was subsequently released from ADT and, because she had served on active duty for less than 180 days, she was appropriately issued a DD Form 214 for this period of service with service as "uncharacterized."
3. She fulfilled her statutory service obligation in the USAR as evidenced by Orders D-03-721983. As a result, she was honorably discharged from the USAR on 18 March 1997.
4. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers 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.
5. There is no evidence and the applicant has failed to provide any evidence which shows that the "uncharacterized" characterization of service is in error or otherwise contrary to law or regulations. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20100007531
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ABCMR Record of Proceedings (cont) AR20100007531
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