IN THE CASE OF:	  

		BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130002929 


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 service as honorable.

2.  The applicant states the DD Form 214 issued to her on 11 August 2005 shows her service as "uncharacterized."  However, the orders she was issued in 2009 that medically discharged her show she was honorably discharged.

3.  The applicant provides copies of her:

* DD Form 214
* reassignment orders
* DA Form 199 (Physical Evaluation Board (PEB) Proceedings)
* discharge orders

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 19 March 2005 for a period of 8 years.

3.  The applicant's DD Form 214 shows she entered active duty for training (ADT) on 4 April 2005.  She was released from ADT on 11 August 2005 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4.  

   a.  The DD Form 214 does not show she completed any military education or that she was awarded a military occupational specialty.

   b.  It does show:

	 	(1)  she completed 4 months and 8 days of net active service during this period;

    	(2)  in item 18 (Remarks), in pertinent part, "Member has not completed first  full term of service;

    	(3)  in item 24 (Character of Service) the entry "uncharacterized"; and

	 	(4)  that she was released from ADT to the control of her USAR unit (Detachment 1, 276th Maintenance Company, Fort Buchanan, Puerto Rico) to complete her Reserve obligation.

4.  Headquarters, 81st Regional Readiness Command, Birmingham, AL, Orders 08-247-00960, dated 3 September 2008, show the applicant was reassigned to the 276th Maintenance Company, Fort Buchanan, PR, effective
3 September 2008.

5.  A DA Form 199 shows, on 19 February 2009, an informal PEB found the applicant physically unfit due to left shoulder tendonitis rated 10% disabling.

   a.  The PEB recommended separation with severance pay, if otherwise qualified.

   b.  The applicant concurred with the PEB's findings and waived a formal hearing.

   c.  On 12 March 2009, the PEB was approved for the Secretary of the Army.
6.  U.S. Army Physical Disability Agency, Washington, DC, Orders D071-11, dated 12 March 2009, honorably discharged the applicant from the USAR under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) effective 17 April 2009.

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 3-7 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.  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 ADT, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted; and

    	(2)  paragraph 3-9 provides that a separation will be described as entry-level 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 USAR and, for Soldiers ordered to initial ADT 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 issued on 11 August 2005 should be corrected to show her service was honorable.

2.  Records show the applicant was ordered to ADT on 4 April 2005 and she was released from ADT on 11 August 2005.  She completed 4 months and 8 days (i.e., 128 days) of training.  Therefore, the evidence of record shows the applicant was in an entry-level status when she was released from ADT.

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, 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.  Records show, on 19 February 2009, a PEB found the applicant physically unfit.  Accordingly, orders were issued that honorably discharged the applicant from the USAR effective 17 April 2009.

   a.  There is no evidence the applicant was on active duty at the time.  Thus, this was the correct method to terminate the applicant's military service.

   b.  Therefore, she is not entitled to issuance of a DD Form 214 to show she was honorably discharged from the USAR.

7.  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)                                         AR20130002929



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ABCMR Record of Proceedings (cont)                                         AR20130002929



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