IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110013108
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 item 24 (Character of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
18 March 1991 be changed. She also requests her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) be corrected.
2. The applicant states:
* there should be a specific characterization on her DD Form 214
* she is a homeless veteran and this prevents her from getting Department of Veterans Affairs (DVA) and State benefits
* she is unable to improve her situation
3. The applicant provides:
* DD Form 214 for the period ending 18 March 1991
* NGB Form 22
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. She enlisted in the Army National Guard on 7 March 1990 for a period of 8 years. She was ordered to active duty on 22 November 1990 for training. On 18 March 1991, she was released from active duty and transferred to the Army National Guard to complete her remaining service obligation. Her character of service was uncharacterized.
3. Item 24 of her DD Form 214 for the period ending 18 March 1991 shows the entry "UNCHARACTERIZED."
4. She was discharged from the Army National Guard with a general discharge on 15 June 1994.
5. 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.
6. A member of a Reserve component who is not on active duty or 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 of such a member of a Reserve component terminates (a) 180 days after beginning training if the Soldier is ordered to active duty for training (ADT) for one continuous period of 180 days or more; or (b) 90 days after the beginning of 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. 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.
7. The applicant requests her NGB Form 22 be corrected. Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board
operates, states that the Board will not consider any application if it determines the applicant has not exhausted all administrative remedies available. Requests for administrative relief submitted by Army National Guard officers and enlisted Soldiers on active duty are normally considered by the appropriate State Adjutant General. Therefore, the applicant is advised to submit her request to the Adjutant General of the Massachusetts Army National Guard or the Chief, National Guard Bureau for the relief she has requested. Therefore, this portion of her request will not be discussed further in theses proceedings.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were noted. However, a discharge is not changed for the purpose of obtaining DVA or State benefits.
2. The evidence shows she was ordered to active duty for training in 1990 for a period of 3 months and 27 days. Since she was in an entry-level status when she was released from active duty in 1991, her character of service was uncharacterized which is properly reflected in item 24 of her DD Form 214 for the period ending 18 March 1992. Therefore, there is no basis for granting her request to amend item 24 of her DD Form 214 for the period ending 18 March 1991.
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.
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) AR20110013108
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