BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110023247 


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
* her total service to include her U.S. Army Reserve (USAR) inactive duty training and annual training
* her rank/grade as specialist (SPC)/E-4 instead of private (PV2)/E-2
* her actual duty served

2.  The applicant states her DD Form 214 should reflect her actual duty served and factual pay grade information.

3.  The applicant provides 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 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 in the rank/grade of private (PVT)/E-1 on 26 February 1994.  She was assigned to the 1019th Quartermaster Company, Mattydale, NY.

3.  She entered active duty for training (ADT) on 7 September 1994.  She was advanced to PV2/E-2 in the USAR on 9 September 1994.  She completed basic combat and advanced individual training and she was awarded military occupational specialty (MOS) 77F (Petroleum Supply Specialist).

4.  She was released from ADT to the control of the USAR on 2 February 1995.  She completed 4 months and 26 days of active service.  Her DD Form 214 shows in:

* item 4a (Grade, Rate, or Rank) – "PV2"
* item 4b (Pay Grade) – "E-2"
* item 11 (Primary Specialty) – "77F1O00 PETROLEUM SUPPLY SPECIALIST 0 YRS-0 MOS"
* item 12h (Effective Date of Pay Grade) – "1994  09  09"
* item 14 (Military Education) – "PETROLEUM SUPPLY SPECIALIST, 09 WEEKS, FEB 1995"
* item 24 (Character of Service) – "UNCHARACTERIZED"

5.  After her release from active duty, she actively trained with her unit and she was advanced to private first class (PFC)/E-3 on 4 February 1995 and to 
SPC/E-4 on 26 February 1996.

6.  She was honorably discharged from the USAR on 26 February 2002 upon completion of her statutory military service obligation.

7.  Army Regulation 635-200 (Personnel Separations) describes the different types of characterization of service.  It states that an uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  Entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.

8.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her active military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  A DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty;

	c.  Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision.  He or she will only receive a DD Form 220 (Active Duty Report); and

	d.  RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or USAR Split Training Program.

10.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214 and states:

* items 4a and 4b show the active duty rank and pay grade at the time of separation and are obtained from the Soldier's records (promotion or reduction orders)
* item 11 shows the primary specialty and requires and entry for all MOS's served for at least 1 year and includes the number of years and months served for each MOS – basic training and advanced individual training are not counted
* item 12h shows the effective date of the pay grade shown in item 4b
* item 14 shows formal in-service training courses completed during the period covered by the DD Form 214; combat skills are not listed

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR on 26 February 1994.  She entered ADT on 7 September 1994 and she was released from ADT on 2 February 1995.  She completed 4 months and 26 days of active service and she received an uncharacterized character of service.

2.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and the characterization must be approved by The Secretary of the Army.

3.  An uncharacterized discharge is neither positive nor negative; it is not derogatory.  An uncharacterized character of service is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier did not serve on active duty long enough for his or her character of service to be rated.

4.  She enlisted in the rank/grade of PVT/E-1 and she was advanced to PV2/E-2 on 9 September 1994.  She held the rank/grade of PV2/E-2 while serving on active duty.  She was not advanced to PFC/E-3 or SPC/E-4 during her active duty service.  Her DD Form 214 correctly lists the rank/grade and the effective date of the pay grade she held while serving on active duty.

5.  She was awarded MOS 77F but she did not serve in that MOS on active duty. 
She did so after her release from active duty.

6.  While serving on active duty, she completed the 9-week Petroleum Specialist Course which is properly annotated on her DD Form 214.  Basic training is not an authorized entry and there is no evidence she completed any other training while serving on active duty.  Her DD Form 214 correctly lists the training she completed.

7.  Aside from her ADT from September 1994 through February 1995 for which a DD Form 214 was issued, there is no evidence she performed any other period of active duty service of at least 90 consecutive days which would have qualified her for the issuance of a DD Form 214.

8.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Therefore, there is no basis for granting the applicant's requested relief.

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 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)                                         AR20110023247



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ABCMR Record of Proceedings (cont)                                         AR20110023247



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