IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20110001276
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 her DD Form 214 is incorrect. She had good conduct and good grades during her initial active duty for training (IADT) service. She is a federal technician and she would like to "buy-back" her active service, but that service must be honorable. She was originally led to believe the correct entry for her character of service was "uncharacterized." However, she now understands it should have been "honorable."
3. The applicant provides a copy of her DD Form 214.
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 Army National Guard (ARNG) on 27 September 2000 for a period of 8 years. On 23 January 2001, she entered on IADT. Following basic and advanced individual training, she was awarded military occupational specialty (MOS) 92A (Automated Logistical Specialist). She was released from IADT on 28 June 2001, having completed a period of 5 months and 24 days (157 days) of active service.
3. The applicant received a DD Form 214 for her IADT service. Block 24 (Character of Service) shows her character of service as "UNCHARACTERIZED."
4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The regulation discusses entry-level status and its effect upon characterization of service. The following applies:
* For ARNG Soldiers, entry-level status begins upon enlistment in the ARNG. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training [emphasis added]
* The character of service for IADT Soldiers who are in entry-level status will be uncharacterized, even though they have completed their IADT successfully.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests her uncharacterized IADT service be changed to honorable.
2. The applicant is an ARNG Soldier. She was ordered to IADT for continuous basic and advanced individual training on 23 January 2001. She completed her training and she was released from active duty on 28 June 2001. Having served only 157 days, she was considered to be in an entry-level status. By regulation, she was properly assigned an uncharacterized character of service.
3. Entry level separations, or uncharacterized discharge, are given to individuals who separate prior to completing 180 days of military service, or when discharge action was initiated prior to 180 days of service. An uncharacterized characterization of service 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.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. 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) AR20110001276
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ABCMR Record of Proceedings (cont) AR20110001276
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