IN THE CASE OF:
BOARD DATE: 7 April 2011
DOCKET NUMBER: AR20100024458
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, in effect, that her U.S. Army Reserve (USAR) discharge status be changed from uncharacterized to honorable.
2. She states she completed and passed basic training per the Uniform Code of Military Justice. Her active duty basic training certificate is on file. She will receive a civilian position based on an honorable discharge. The uncharacterized discharge indicates there may be questionable reasons for hiring her.
3. She provides no additional evidence.
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's military records show she enlisted in the USAR in pay grade E-1 on 17 January 1986 for 8 years. She was ordered to initial active duty for training (IADT) for approximately 17 weeks and 3 days or completion of basic and advanced individual training (AIT). She entered active duty on 4 March 1986 for basic training at Fort Jackson, SC.
3. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) shows she completed basic training. She reported to AIT on 10 May 1986. There is no evidence of record that shows she completed AIT.
4. All the facts and circumstances surrounding her discharge from the USAR are not present in the available records. However, her records contain a copy of Order 98-789 issued by the U.S. Army Training Center and Fort Jackson, SC, on 21 May 1986, discharging her from the USAR with an uncharacterized discharge effective 27 May 1986.
5. Army Regulation 135-178 (Army National Guard and USAR Enlisted Administrative Separations) states that for the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings. It provides that 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. It further states a member of a Reserve component who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve Component. Entry-level status for such a member of a Reserve Component terminates as follows:
a. 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more or
b. 90 days after beginning the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests her USAR discharge status be changed from uncharacterized to honorable because she will receive a civilian position based on an honorable discharge.
2. The evidence of record shows she enlisted in the USAR on 17 January 1986 and entered on IADT on 4 March 1986. She completed basic training and reported to AIT on 10 May 1986. There is no evidence she completed AIT.
3. Her record is void of the facts and circumstances which led to her discharge from the USAR. However, her record contains orders that show she was discharged from the USAR on 27 May 1996 with an uncharacterized discharge.
4. In accordance with pertinent regulations, the issuance of an uncharacterized discharge means she remained in an entry-level status at the time of separation because she served less than 180 days after beginning training. Therefore, her characterization of service was appropriately determined to be "uncharacterized."
5. 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. As a result, there is no basis for granting her request for an honorable discharge.
6. Additionally, the ABCMR does not grant requests for an honorable discharge solely for the purpose of making the applicant eligible for employment. Every case is individually decided based upon its merits when an applicant requests a correction of his or her records.
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) AR20100024458
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100024458
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110009678
The applicant requests reconsideration of an earlier request that her U.S. Army Reserve (USAR) discharge be changed from uncharacterized to honorable. There is no evidence of record that shows she completed AIT. However, she provided her EPSBD proceedings which indicate in 1986 the EPSBD found her medically unfit for enlistment in accordance with current medical fitness standards and determined her foot condition existed prior to her entry into military service.
ARMY | BCMR | CY2011 | 20110001467
She further requests correction of item 35 (Record of Assignments) of her DA Form 2-1 (Personnel Qualification Record - Part II), to include: a. These orders show she was discharged from the USAR under the provisions of Army Regulation 135-178 on 8 May 1987. The applicant also requested to add to item 35 of her DA Form 2-1 the dates she attended the scheduled UTAs, the 16 weeks she attended IADT, and the 3 days of ADT at Fort Gordon, GA. 7.
ARMY | BCMR | CY2013 | 20130019705
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 July 1986 to show item 24 (Character of Service) as honorable vice entry-level status. The DD Form 214 she was issued for this period of service shows she was released from IADT under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4 by reason of expiration term of service. Every case is individually decided...
ARMY | BCMR | CY2010 | 20100008127
Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted [emphasis added]. (2) The evidence shows the applicant had not completed 90 days of active service after beginning Phase II (AIT). Records show the applicant was honorably...
ARMY | BCMR | CY2011 | 20110020911
Her DA Form 2-1 (Personnel Qualification Record) shows she was promoted as follows: * PV1- 23 December 1988 * PV2- 22 August 1989 * PFC - no entry * SPC - 16 February 1990 7. With regard to the rank/grade of E-1 recorded on the applicants DD Form 214; she enlisted in the USAR as a PV1 on 23 December 1988 and was promoted to PV2 on 22 August 1989. Additionally, the characterization of service for USAR Soldiers who successfully complete a period of IADT and are in entry level status is...
ARMY | BCMR | CY2013 | 20130020474
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 vice uncharacterized. The applicant enlisted in the U.S. Army Reserve (USAR) on 7 December 1995 and she entered active duty for training (ADT) on 25 January 1996 at Fort Leonard Wood, MO where she completed her BCT. The DD Form 214 she was issued at that time shows she was released from ADT upon completion of required active service with...
ARMY | BCMR | CY2010 | 20100000887
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the correct time in service and character of service. The DD Form 214 he was issued shows he was released from ADT under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, by reason of expiration term of service, with an uncharacterized character of service. The DD Form 214 will be prepared for selected Soldiers, among which...
ARMY | BCMR | CY2009 | 20090010687
The applicant requests that the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "uncharacterized" to "general under honorable conditions." He completed 64 days of active service but was not issued a DD Form 214. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2009 | 20090008030
Application for correction of military records (with supporting documents provided, if any). The applicant provides, in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); Headquarters, 2nd Troop, 104th Aviation Battalion, Annville, PA, memorandum, dated 9 December 1995; Commonwealth of Pennsylvania, Department of Military Affairs, The Adjutant General, Annville, PA, Orders 025-012, dated 6 February 1996; NGB Form 22 (Report of...
ARMY | BCMR | CY2009 | 20090000245
Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations) states that for the purposes of characterization of service, the Soldiers status is determined by the date of notification as to the initiation of separation proceedings. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214 for all personnel at the time of their retirement, discharge, or release from the Active Army. The evidence of...