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ARMY | BCMR | CY2012 | 20120000170
Original file (20120000170.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20120000170 


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.

2.  The applicant states:

* she completed basic combat training (BCT) and advanced individual training (AIT) and reported to her duty station
* she served her time and there was no reason for her to receive an uncharacterized discharge
* she should have known at the time that her character of service was incorrect, but she thought she received it because she was in the U.S. Army Reserve (USAR)
* she did not know what it meant until she searched for its meaning
* she now works for the government and it affects her time in service

3.  The applicant provides:

* DD Form 214
* certificate of BCT completion
* certificate of achievement
* certificate of training
* certificate of service


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 22 July 1991.  She was assigned to the 339th General Hospital, Pittsburgh, PA.

3.  She entered active duty for training (ADT) on 3 September 1991.  She completed BCT and AIT and she was awarded military occupational specialty 76C (Equipment Records and Parts Specialist).

4.  She was released from ADT to the control of the 339th General Hospital, USAR, on 11 February 1992.  She completed 5 months and 9 days of active service.  Item 24 (Character of Service) of her DD Form 214 shows the entry "UNCHARACTERIZED."

5.  She was reassigned to the USAR Control Group (Reinforcement) on 22 March 1993.

6.  She was ultimately discharged from the USAR on 22 July 1999 upon completion of her statutory military service obligation.

7.  She submits her BCT and AIT completion certificates.  She also submits a certificate of service, dated 18 December 1991, recognizing her performance as a member of the Jody Drill Team and a certificate of achievement, dated 4 February 1992, recognizing her performance as a squad leader during AIT.

8.  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 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 defined as 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.

9.  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.

10.  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 the termination of a Soldier's service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR on 22 July 1991.  She entered ADT on 3 September 1991 and she was released from ADT on 11 February 1991.  She completed 5 months and 9 days of active service and her service was uncharacterized.

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 has not served on active duty long enough for his/her character of service to be rated.

4.  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)                                         AR20120000170



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ABCMR Record of Proceedings (cont)                                         AR20120000170



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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