IN THE CASE OF:	  

		BOARD DATE:	    26 January 2012

		DOCKET NUMBER:  AR20110014152 


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 her pay grade, military occupational specialty (MOS), dates of service, character of service, and item 15b (High School Graduate or Equivalent) of her DD Form 214 (Certificate of Release of Discharge from Active Duty) for the period ending 29 January 1992 be corrected.

2.  The applicant states, in effect:

* Her DD Form 214 should be corrected to show her service in the Army National Guard 
* Her pay grade should be corrected to show E-3
* Her service dates were 25 July 1991 to 30 January 1994
* She was discharged honorably
* She was a high school graduate
* Her MOS was 73D (communications vend service clerk) 

3.  The applicant provides:

* Discharge orders, dated 10 May 1994, from the Army National Guard
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
* One page of her DA Form 2-1 (Personnel Qualification Record)
* DD Form 214 for the period ending 29 January 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 Army National Guard on 25 July 1991 for a period of 8 years.  She was ordered to active duty on 10 September 1991 for training in MOS 71L (administrative specialist).  On 29 January 1992, she was released from active duty in the rank of private.

3.  Her DD Form 214 for the period ending 29 January 1992 shows in:

* Item 4a (Grade, Rate or Rank) the entry "PV1" [private 1]
* Item 4b (Pay Grade) the entry "E1"
* Item 11 (Primary Specialty) the entry "71L10 ADMIN SP – 0 YRS – 
      0 MOS//NOTHING FOLLOWS"
* Item 12a (Date Entered Active Duty This Period) the entry "91  09  10" [10 September 1991]
* Item 12b (Separation Date This Period) the entry "92  01  29" [29 January 1992]
* Item 12e (Total Prior Inactive Service) the entry "00 01  15" [1 month and 15 days]
* Item 15b (High School Graduate or Equivalent) an "X" in the NO block 
* Item 24 (Character of Service) the entry "UNCHARACTERIZED" 

4.  She received her High School Equivalency Diploma on 26 February 1992.

5.  Her DA Form 2-1 shows she served in MOS 73D from 1 September 1993 to 30 January 1994.

6.  She was honorably discharged from the Army National Guard on 30 January 1994 in the rank of private first class/E-3.


7.  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.

8.  Army Regulation 635-5 (Separation Documents) 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 and states that the DD Form 214 is a synopsis of the Soldier's 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 DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of her release from active duty.  

2.  The evidence shows she was ordered to active duty from the Army National Guard for training in 1991 for a period of 4 months and 20 days.  Since she was in an entry-level status when she was released from active duty in 1992, her character of service was uncharacterized which is properly reflected in item 24 of her DD Form 214 for the period ending 29 January 1992.  Therefore, there is no basis for granting her request to amend her character of service.

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.  Evidence shows she served in MOS 73D during the period September 1993 to January 1994 and she was honorably discharged from the Army National Guard in 1994 in the rank of E-3, after her release from active duty on 
29 January 1992.  Therefore, there is no basis for showing this service (pay grade E-3, MOS 73D, or dates of service in the Army National Guard) on her DD Form 214 for the period ending 29 January 1992.


5.  Although the applicant contends she was a high school graduate, evidence shows she received her High School Equivalency Diploma in February 1992 after her release from active duty.  Therefore, there is insufficient evidence on which to amend item 15b of her DD Form 214 for the period ending 29 January 1992.

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)                                         AR20110014152





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ABCMR Record of Proceedings (cont)                                         AR20110014152



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