BOARD DATE:	  23 July 2013

		DOCKET NUMBER:  AR20120021968 


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 records to show her service as honorable.

2.  The applicant states she regrets any unfortunate circumstances that led to her service being categorized as "uncharacterized."

3.  The applicant provides a copy her DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 Army National Guard of the United States (ARNGUS) and South Carolina Army National Guard (SCARNG) on 10 August 1990.

3.  Military Entrance Processing Station, Fort Jackson, SC, Orders 160-9, dated 10 August 1990, ordered the applicant to initial active duty for training (IADT) on 13 November 1990 for a period of 18 weeks or completion of basic and military occupational specialty (MOS) training.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows she was awarded MOS 94B (Food Service Specialist) on 14 March 1991.

5.  The applicant's DD Form 214 shows she entered IADT on 13 November 1990.  She was released from IADT on 16 March 1991 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), 
chapter 4, based on expiration of term of service.  She completed 4 months and 4 days of net active service during this period.

   a.  Item 24 shows the entry "uncharacterized."

	b.  She was released from IADT to Headquarters and Headquarters Battery, 151st Field Artillery Brigade (SCARNG) to complete her Reserve obligation.

6.  Headquarters, U.S. Army 81st Regional Support Command, Birmingham, AL, Orders 275-31, dated 2 October 1998, honorably discharged the applicant from the U.S. Army Reserve (USAR) effective 2 October 1998.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 3 (Character of Service/Description of Service) provides in:

    	(1)  paragraph 3-7a, 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.  Only the honorable characterization may be awarded to a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted (emphasis added); and

    	(2)  paragraph 3-9, that separation will be described as an entry-level separation with service uncharacterized, if processing is initiated while a Soldier
is in entry-level status.

	b.  Chapter 4 (Separation for Expiration of Service Agreement) provides that a Soldier will be separated upon expiration of enlistment or fulfillment of his or her service obligation.

	c.  Section II (Terms) of the glossary states that entry-level status for Reserve Soldiers begins upon enlistment in the ARNGUS or USAR and, for Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.

8.  Army Regulation 635-5 (Separation Documents), in effect during the period of service under review, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 should be corrected to show she was honorably released from IADT.

2.  Records show the applicant was ordered to IADT on 13 November 1990 and she was released from IADT on 16 March 1991.  She completed 4 months and
4 days (i.e., 124 days) of training.  Therefore, the evidence of record shows the applicant was in an entry-level status when she was released from IADT.

3.  The regulatory guidance states an entry-level status Soldier's separation will be "uncharacterized."

4.  Records show the applicant's separation under the provisions of Army Regulation 635-200, chapter 4, based on completion of the period of her IADT was administratively correct and in compliance with applicable regulations in effect at the time.  In addition, the character of service entered in item 24 of her DD Form 214 was proper and correct.

5.  An uncharacterized discharge 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 or her character of service to be rated.

6.  In view of the foregoing, the applicant is not entitled to the 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)                                         AR20120021968



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ABCMR Record of Proceedings (cont)                                         AR20120021968



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