BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110009947
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 the characterization of her service shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty) effective 11 January 1992 be changed from uncharacterized to honorable and that her U.S. Army Reserve (USAR) service be added to her DD Form 214 effective 19 September 1994.
2. The applicant states her service in the USAR did not warrant a uncharacterized character of service and should be upgraded to honorable. Additionally, her USAR service should be added to her active duty service in the Regular Army.
3. The applicant provides copies of her DD Forms 214, her discharge orders from the USAR, and her request for release from the USAR.
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 USAR on 3 July 1991 for a period of 8 years. She was ordered to active duty for training (ADT) on 17 July 1991 and she completed ADT at Fort Jackson, South Carolina. On 11 January 1992, she was released from ADT and returned to her USAR unit. She completed 5 months and 25 days of active duty and her service was uncharacterized.
3. On 28 October 1992, she enlisted in the Regular Army for a period of 3 years and assignment to Europe. She was transferred to Germany on 18 November 1992.
4. On 7 June 1994, a bar to reenlistment was imposed against the applicant for indebtedness, disrespect to noncommissioned officers, disobedience of lawful orders, failure to repair, Army Physical Fitness Test failure, and failure to respond to numerous counseling sessions.
5. On 10 June 1994, the applicant submitted a request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 16-5b, due to her perceived inability to overcome the basis for her bar to reenlistment.
6. The appropriate authority approved her request and on 19 September 1994 she was honorably released from active duty (REFRAD) due to non-retention on active duty. She was transferred to the USAR Control Group (Reinforcement). She completed 1 year, 10 months, and 22 days of active service during her current enlistment; 5 months and 23 days of prior active service; and 1 year, 2 months, and 24 days of prior inactive service.
7. Army Regulation 635-200, paragraph 4-2, serves as the authority for separation of personnel who are REFRAD for training. It states USAR Soldiers who successfully complete a period of initial ADT to which ordered and who are in an entry-level status (180 days or less) will receive an "uncharacterized" separation even though they have completed their initial ADT successfully.
8. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldiers most
recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 issued for her ADT should be characterized as honorable has been noted. The applicable regulation provides that Reserve Component Soldiers who are ordered to ADT and are in an entry-level status will have their ADT service characterized as "uncharacterized."
2. Therefore, the applicant's first DD Form 214 was properly prepared to reflect her ADT service as being uncharacterized and the applicant has failed to show through the evidence of record and the evidence submitted with her application that such was not the case or that there is a basis to change the characterization of her service.
3. The applicant's prior USAR service, both active and inactive, are reflected on her DD Form 214 effective 19 September 1994. Any USAR service subsequent to 19 September 1994 is not authorized for entry.
4. Accordingly, there does not appear to be any 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) AR20110009947
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