BOARD DATE:	  9 May 2013

		DOCKET NUMBER:  AR20120019438 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her service was characterized as honorable versus "uncharacterized."  Additionally, she requests correction of this form to show her rank/grade as sergeant (SGT)/E-5.

2.  She states she was pregnant in the sixth week of basic training, but she was allowed to complete the course.  She adds her advanced individual training (AIT) had to be rescheduled for a later date.  She offers she completed training in October 1997 and was on the Commandant's List.  She also states that after returning to her unit she was promoted two additional times and obtained the grade of E-5.

3.  She provides the following:

* DD Form 214
* Welcome Letters, dated 28 July 1995 and 1 August 1995
* Memorandum, Subject:  Release from Active Duty (REFRAD), dated 
15 November 1995
* DA Forms 4856 (General Counseling Form), dated 14 and 15 November 1995
* DD Form 220 (Active Duty Report), dated 21 November 1995
* Memorandum, Subject:  Early Release from Initial Entry Training (IET), dated 7 February 1996
* Honorable Discharge Certificate, dated 22 July 2003
* Certificate of Training, dated 30 November 1995
* DA Form 638 (Recommendation for Award) with Army Achievement Medal certificate, dated 8 September 1997
* Diploma, dated 8 October 1997
* Promotion documentation
* ARPC Form 3725-E (Army Reserve Status and Address Verification), dated 22 April 2002
* U.S. Army Reserve (USAR) and National Guard Liaison Counseling Form
* Orders 

* 97-232-050, dated 20 August 1997
* 143-17, dated 25 July 1995
* 245-801, dated 2 September 1997
* 167-023, dated 18 May 1999
* C-10-226514, dated 15 October 2002

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's records show she enlisted in the USAR on 20 July 1995 for a period of 8 years.  On 2 October 1995, she was ordered to active duty at Fort Jackson, SC, for completion of basic training and advanced individual training (AIT).  She was released from active duty on 22 November 1995, due to pregnancy.  She was issued a DD Form 220 for this period of service.

3.  On 30 November 1995, she was credited with completion of basic training.

4.  On 22 August 1997, she was ordered to active duty to complete AIT at Fort Jackson, SC.  

5.  A DA Form 4187 (Personnel Action), dated 14 September 1997, shows she was promoted to specialist (SPC)/E-4 effective 15 September 1997.  

6.  She was released from active duty on 9 October 1997 by reason of completion of required active service with an uncharacterized character of service.  She had completed 1 month and 18 days of active service during this period, had a total of 1 month and 29 days of prior active service, and had 1 year, 11 months, and 3 days of prior inactive service.  Item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of the applicant's DD Form 214 shows private first class (PFC)/E-3.  Item 12h (Effective Date of Pay Grade) is listed as 1 September 1996.

7.  A Certificate of Promotion shows that effective 25 January 1999 she was promoted to SGT/E-5.

8.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) sets forth the basic authority for separation of enlisted personnel.  Chapter 4, in pertinent part, provides for the separation or release from active duty upon termination of enlistment and other period of active duty or active duty for training.  Specifically, individuals of the USAR ordered to active duty who have completed less than 180 days of continuous active duty will have their service uncharacterized, even though they have completed initial active duty for training.

9.  Army Regulation 635-5 (Separation Documents) states that 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.  It further states that for item 4a and 4b, enter active duty grade of rank and pay grade at time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows she entered active duty on 22 August 1997 and she was released from AIT at Fort Jackson, SC, on 9 October 1997 after completing 1 month and 18 days of active duty service.  This period of service was less than 180 days (6 months); therefore, she was issued a DD Form 214 that shows this period of service as uncharacterized.
   
2.  The evidence of record shows the applicant was properly released from active duty.  An uncharacterized separation carries no stigma.  It simply means the Soldier has not served the requisite amount of time to warrant a characterization of service.

3.  Evidence of record shows she was promoted to SPC/E-4 on 15 September 1997.  She was not promoted to SGT/E-5 until 25 January 1999, 14 months after her date of separation.  Therefore, she is entitled to have her DD Form 214 corrected to show her rank/grade as SPC/E-4 and the date of rank corrected accordingly; however, any subsequent promotions or achievements that occurred after her date of separation from active duty cannot be listed on this 
DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X___  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 to show her rank/pay grade as SPC/E-4 and her date of rank as 15 September 1997.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 
denial of so much of the application that pertains to changing the character of her service to honorable and her rank/grade to SGT/E-5 on her DD Form 214.



      _______ 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)                                         AR20120019438





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ABCMR Record of Proceedings (cont)                                         AR20120019438



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