IN THE CASE OF:	  

		BOARD DATE:  11 June 2013

		DOCKET NUMBER:  AR20120020878 


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) for the period ending 6 August 1985 to show her character of service as "honorable" instead of "uncharacterized."

2.  The applicant states she works for the Commonwealth of Pennsylvania as a state government employee.  She is trying to buy back military time towards her retirement; however, item 24 (Character of Service) of her DD Form 214 for this period of service states "uncharacterized."  The Commonwealth will not accept this for time served unless it states her character of service was "honorable."  She would like this changed to show she received an honorable discharge upon her completion of advanced individual training for motor transportation.

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 U.S. Army Reserve (USAR) on 23 January 1984 under the split-option program.

3.  She attended basic training from 14 May 1984 to 3 August 1984.  She was issued a DD Form 220 (Active Duty Report) that captured this period of active service.

4.  She was assigned to Detachment 1, 630th Transportation Company, Butler, PA, a troop program unit of the USAR.

5.  She entered active duty for training (ADT) on 3 June 1985 at Fort Dix, NJ, and she completed advanced individual training (AIT) for military occupational specialty 64C (Motor Transport Operator).

6.  She was released from ADT on 6 August 1985.  She completed 2 months and 4 days of net active service this period.  Item 24 of her DD Form 214 shows the entry "Uncharacterized."

7.  Army Regulation 635-200 (Personnel Separations), in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 3 of that regulation describes the different types of characterization of service.  It states, in pertinent part, 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 begins on enlistment in the Army National Guard or the USAR and, for Soldiers ordered to initial ADT for one continuous period, ends 180 days after beginning training.

8.  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.  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; 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 AIT under the ARNG of the United States Alternate Training Program or USAR Split Training Program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR under the split-option program on 23 January 1984.  She initially completed basic training and she was issued a DD Form 220 documenting this period of active duty.  She then entered ADT on 3 June 1985 and she was released from ADT on 6 August 1985.  She completed 2 months and 4 days of net active service with service "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 is approved by the Secretary of the Army.

3.  The entry-level separation (uncharacterized) is given regardless of the reason for separation.  This uncharacterized character of service is neither positive nor negative; it is not "derogatory."  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.

4.  She received the appropriate character of service.

5.  In view of the foregoing, 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 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)                                         AR20120020878



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ABCMR Record of Proceedings (cont)                                         AR20120020878



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