IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110022468
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 change of her uncharacterized character of service to honorable on her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that she was honorably discharged from the United States Army Reserve (USAR) and her DD Form 214 should be corrected to reflect that characterization of service.
3. The applicant provides:
* her DD Form 214 for the period ending 10 April 1995
* her Honorable Discharge Certificate, dated 15 October 2002
* her Certification of Birth
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 USAR on 12 October 1994 for a period of
8 years, training as a unit supply specialist, and a cash enlistment bonus.
3. She was ordered to active duty training on 23 November 1994. She completed her basic training at Fort Jackson, SC and her advanced individual training at Fort Lee, VA before being released from active duty for training on
10 April 1995 and she was transferred back to her USAR unit to complete her remaining service obligation. She completed 4 months and 18 days of net active service this period with an uncharacterized character of service.
4. On 15 October 2002, she was honorably discharged from the USAR in the rank of specialist (SPC).
5. Army Regulation 635-200 provides the policies and procedures for the separation of enlisted personnel. Paragraph 4-2, in effect at the time, provides in pertinent part that Army National Guard and USAR Soldiers who successfully complete a period of IADT while in an entry level status will have uncharacterized service even though they completed their IADT successfully.
6. 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 applicant was properly released from active duty for training with service uncharacterized in accordance with the applicable regulation in effect at the time.
2. While the applicants request is understandable, a duly-constituted and properly prepared DD Form 214 is not changed simply to qualify an individual for benefits.
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. Accordingly, there appears to be no basis to grant her 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) AR20110022468
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ABCMR Record of Proceedings (cont) AR20110022468
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