IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20120022785
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 item 24 (Character of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, her DD Form 214 should reflect honorable service.
3. The applicant provides the following additional evidence:
* DD Form 214
* United States Army Reserve (USAR) Honorable Discharge Certificate
* USAR discharge order
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show she enlisted in the USAR on 15 April 1991 and she entered active duty for training (ADT) on 29 May 1991.
3. Upon completion of ADT, the applicant was awarded military occupational specialty 76P (Materiel Control and Accounting Specialist). On 30 September 1991, she was released from ADT and transferred to the USAR.
4. The DD Form 214 she was issued shows in:
* Item 12c (Net Active Service This Period) - she completed 4 months and 2 days of creditable active duty service
* Item 24 - uncharacterized service
* Item 25 (Separation Authority) Army Regulation 635-200, paragraph 4-2
* Item 28 (Narrative Reason for Separation) "Expiration Term of Service"
5. On 13 April 1999, the USAR published Order Number D-04-921284 which directed the applicants discharge from the USAR, effective 14 April 1989. It also shows she received an honorable discharge.
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-7(a) states an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldiers 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 a Soldier upon completion of his or her period of enlistment or period for which called or ordered to active duty or ADT, or where required under specific reasons for separation, unless an entry level status (ELS) separation (uncharacterized) is warranted. It states a separation will be described as entry-level with service uncharacterized if at the time separation the Soldier has less than 180 days of continuous active duty service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the "uncharacterized" entry listed in item 24 of her DD Form 214 should be corrected.
2. By regulation, a separation will be described as entry-level with service uncharacterized if at the time of separation the Soldier has completed less than 180 days of continuous active duty service. The evidence of record confirms the applicant was released from ADT under the provisions of paragraph 4-2, Army Regulation 635-200, by reason of expiration term of service. It also shows that at that time she completed 4 months and 2 days of creditable active duty service (125 days). Thus, the applicant's service is properly described as uncharacterized in accordance with the applicable regulation.
3. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.
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) AR20120022785
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ABCMR Record of Proceedings (cont) AR20120022785
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