Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100023209
Original file (20100023209.txt) Auto-classification: Denied

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100023209



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080003379

    Original file (20080003379.txt) Auto-classification: Approved

    She also states that Block 24 shows her service as uncharacterized and this should be corrected. Her DD Form 214 shows that she had 1 month and 28 days of foreign service during her active duty mobilization, but it does not indicate the "from-to" dates of that service. However, if the San Antonio newspaper is correct in reporting the applicant's unit deployed on 13 January, and if the applicant's DD Form 214 is correct in stating she served 1 month and 28 days of foreign service, then she...

  • ARMY | BCMR | CY2008 | 20080015994

    Original file (20080015994.txt) Auto-classification: Approved

    The applicant requests correction of her Certificate of Release or Discharge from Active Duty (DD Form 214) ending on 14 February 1991, to show her service during Desert Shield/Desert Storm. The applicant states, in effect, that she served in support of Desert Shield/Desert Storm from 27 August to November 1990; however, her DD Form 214 does not contain a record of this service. Item 12 (Record of Service) of the applicant's DD Form 214 ending on 14 February 1991 shows her foreign service...

  • ARMY | BCMR | CY2011 | 20110018949

    Original file (20110018949.txt) Auto-classification: Approved

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Kuwait Liberation Medal and her service in Desert Storm. The evidence of record shows the applicant was awarded the Army Achievement Medal for meritorious achievement in Desert Storm from 6 October 1990 through 16 January 1991. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board...

  • ARMY | BCMR | CY2009 | 20090001724

    Original file (20090001724.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. an increase in her rank and pay grade from private first class (PFC)/pay grade E-3 to an unspecified rank and pay grade; b. the time period during which she was mobilized and served on active duty in support of Operation Desert Storm; c. her social security account...

  • ARMY | BCMR | CY2008 | 20080011935

    Original file (20080011935.txt) Auto-classification: Approved

    The applicant states, in effect, that she served in Southwest Asia during Operations Desert Shield/Desert Storm as a vehicle dispatcher and should have received the Army Commendation Medal and three bronze service stars. With respect to the bronze service stars, the evidence of record shows that the applicant served in Southwest Asia from 25 September 1990 to 7 May 1991 and was awarded the Southwest Asia Service Medal. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2010 | 20100029815

    Original file (20100029815.txt) Auto-classification: Approved

    A review of her service record shows no derogatory information in the form of time lost, nonjudicial punishment, suspension of favorable personnel actions, or a commander's disqualification that would disqualify her for the first award of the Army Good Conduct Medal during the period 25 July 1989 through 1 August 1991. Therefore, she is entitled to correction of her DD Form 214 to show this period of service. Therefore, it would be appropriate at this time to award her the Army Good...

  • ARMY | BCMR | CY2013 | 20130018799

    Original file (20130018799.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * the character of his service as honorable * his service in Southwest Asia (SWA) 2. The DD Form 214 further shows he completed approximately 4 months of active service and the character of his service is "uncharacterized." Army Regulation 635-200 (Personnel Separations-Enlisted Personnel), in effect at the time of the applicant's release from IADT, provided in paragraph 3-9...

  • ARMY | BCMR | CY2014 | 20140002335

    Original file (20140002335.txt) Auto-classification: Approved

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1993 to show: a. her deployment to Desert Shield/Storm from 1 December 1990 to 30 April 1991; and b. award of the Southwest Asia Service Medal, Kuwait Liberation Medal –Saudi Arabia, National Defense Service Medal, the Overseas Service Ribbon with numeral "2," and the 101st Airborne Division patch for combat identification. Army Regulation 600-8-22...

  • ARMY | BCMR | CY2010 | 20100022074

    Original file (20100022074.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests: * correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and U.S. Army Reserve Personnel Center (DARP) Form 249 (Chronological Statement of Retirement Points) to reflect the highest grade she attained was first lieutenant (1LT)/O-2 * correction of her DD Form 214 to reflect she was promoted to the rank of sergeant (SGT)/E-5 and she was appointed...

  • ARMY | BCMR | CY2010 | 20100000112

    Original file (20100000112.txt) Auto-classification: Denied

    The applicant requests correction of her records as follows: a. award of military occupational specialty (MOS) 94B1O (Cook); b. award and issue of the following medals: * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Southwest Asia Service Medal * Kuwait Liberation Medal * Cold War Certificate c. correction of section VII (Current and Previous Assignments) of her DA Form 2-1 (Personnel Qualification Record (PQR)) to show all her assignments. The DD Form...