IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100021518
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his character of service as honorable.
2. The applicant states that his character of service on his DD Form 214 reflects that his service was uncharacterized; however, it was honorable and he was provided orders and a certificate reflecting such.
3. The applicant provides:
* his DD Form 214 for the period ending 13 August 1992
* his Honorable Discharge Certificate, dated 26 October 1999
* orders showing he was honorably discharged, dated 26 October 1999
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 U.S. Army Reserve (USAR) on 26 October 1991 for a period of 8 years. He was ordered to active duty for training (ADT) on
6 May 1992.
3. He completed his advanced individual training as a combat engineer at Fort Leonard Wood, MO and was released from ADT on 13 August 1992. The DD Form 214 he was issued at the time shows he served 3 months and 8 days of active service and his character of service was uncharacterized.
4. He continued to serve in the USAR until he was honorably discharged in the rank/grade of specialist (SPC)/E-4 on 26 October 1999.
5. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) serves as the authority for enlisted personnel separations. It provided, in pertinent part at the time, that National Guard and USAR Soldiers who successfully completed a period of initial ADT to which ordered would receive a character of service of uncharacterized even though they completed their ADT successfully.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the
DD Form 214 will be prepared to reflect information that is in effect at the time of separation. Changes that occur subsequent to the effective date of the DD Form 214 will not be entered retroactively on that form unless the event occurred during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect that his character of service was honorable instead of uncharacterized has been noted.
2. The applicants service during his ADT was properly uncharacterized in accordance with the applicable regulations and is properly reflected on his
DD Form 214.
3. The DD Form 214 was issued to reflect his active service during his ADT and any other service he had up to the date the DD Form 214 was issued. Any service performed after that is not authorized to be reflected on that DD Form 214.
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. It does not appear that the applicant served on active duty for a period long enough to qualify for issuance of another DD Form 214 in order to have his additional service in the USAR reflected. However, he was issued discharge orders and an Honorable Discharge Certificate to reflect his service upon his discharge from the USAR.
6. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100021518
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100021518
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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