IN THE CASE OF:
BOARD DATE: 29 March 2011
DOCKET NUMBER: AR20100023209
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 item 24 (Character of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 August 1989 be corrected to honorable.
2. The applicant states:
* her DD Form 214 states "uncharacterized," but she was discharged with an honorable discharge
* her DD Form 214 is incorrect because she was discharged honorably after Operation Desert Storm
* she has lost employment opportunities because her DD Form 214 does not state "honorable"
3. The applicant provides:
* DD Form 214 for the period ending 12 August 1989
* DD Form 215 (Correction to DD Form 214), dated 28 February 1992
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 U.S. Army Reserve (USAR) on 28 February 1989 for a period of 8 years. She was ordered to active duty on 18 April 1989 for training. On 12 August 1989, she was released from active duty and transferred to the USAR to complete her remaining service obligation. Her character of service was uncharacterized.
3. Item 24 of the applicant's DD Form 214 for the period ending 12 August 1989 shows the entry "uncharacterized."
4. Orders show she was ordered to active duty on 30 November 1990 in support of Operations Desert Shield/Desert Storm. She served in Southwest Asia from 11 January 1991 to 1 August 1991. On 3 September 1991, she was released from active duty.
5. Her DD Form 214 covering this period of active duty is not available. However, she provided a DD Form 215 which amended several items of her DD Form 214 for the period ending 3 September 1991.
6. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 4 provides for the discharge or release from active duty upon termination of enlistment and other periods of active duty or active duty for training. The regulation states that a separation will be described as an entry-level separation with service uncharacterized if processing is initiated while a Soldier is in an entry-level status. Entry-level status is defined as the first 180 days of continuous active duty.
7. Army Regulation 635-200, paragraph 3-7a, 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her character of service on her DD Form 214 for the period ending 12 August 1989 should be corrected to show honorable was noted.
2. The evidence shows she was ordered to active duty for training in 1989 for a period of 3 months and 25 days. Since she was in an entry-level status when she was released from active duty in 1989, her character of service was uncharacterized which is properly reflected in item 24 of her DD Form 214 for the period ending 12 August 1989. Therefore, there is no basis for granting her request.
3. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.
4. Her contention that she was discharged honorably after Operation Desert Storm was also noted. However, since her DD Form 214 for the period ending 3 September 1991 is not available, her character of service for this period of active duty cannot be determined.
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 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) AR20100023209
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ABCMR Record of Proceedings (cont) AR20100023209
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