IN THE CASE OF:	  

		BOARD DATE:	  2 January 2014

		DOCKET NUMBER:  AR20130004909 


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 that the characterization of service on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 September 1992 be changed to show "honorable" service instead of "uncharacterized" service.

2.  The applicant states she proudly served with the utmost dedication and fulfilled her entire commitment with her last unit.  At the time of separation she requested that her unit move her to the Individual Ready Reserve (IRR) since she was getting married, relocating to another state, and she had a new job.  She received no further form of communication denying the request.  She was a very proud Soldier, she fulfilled all of her requirements, served her country, and supported the oath she swore to uphold.  It was not until she requested a copy of her DD Form 214 that she learned her service was "uncharacterized" much to her surprise, confusion, and disappointment.  The separation code on her DD Form 214 insinuates her service was questionable or negative and this most certainly was not the case. This separation code has had a negative impact on her ability to apply for and obtain certain positions within the Federal government and any opportunity to apply for clearance positions.

3.  The applicant provides a DD Form 214 for the period ending 12 September 1992.


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.  On 13 March 1992, the applicant enlisted in the U.S. Army Reserve (USAR) for 8 years.

3.  On 14 May 1992, she entered initial active duty for training (IADT).  She completed IADT and was awarded military occupational specialty 71L (Administrative Specialist).  The DD Form 214 she was issued on 12 September 1992 shows she completed 3 months and 29 days of active service during this period.  This form also shows she was released from active duty due to completion of active duty for training with "Uncharacterized" service.  The separation authority was Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4.

4.  Her record shows she enlisted in the Virginia Army National Guard (VAARNG) on 18 September 1992.  She attained the rank of private first class/E-3.

5.  Her records contain a letter showing she requested a transfer to the IRR.

6.  On 19 October 1995, the VAARNG issued Orders 203-081, discharging the applicant from the ARNG and assigning her to the USAR Control Group (Annual Training), effective 13 October 1995.  The National Guard Bureau Form 22 (Report of Separation and Record of Service) shows her character of service as "Uncharacterized."

7.  Paragraph 4-2h of Army Regulation 635-200, in effect at the time, provided that Army National Guard of the United States (ARNGUS) and USAR Soldiers who successfully completed a period of IADT to which ordered would be separated from active duty under the authority of chapter 4 of this regulation.  It further provided that the characterization of service of Soldiers separated under this chapter who are in an entry-level status would be uncharacterized, even though they completed their IADT successfully.

8.  Army Regulation 635-200 stated that for ARNG and USAR Soldiers, entry level status begins upon enlistment in the ARNG and USAR.  It terminates for Soldiers ordered to IADT for one continuous period 180 days after beginning training.

9.  Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change her character of service on her DD Form 214 has been carefully considered.  However, there is no basis for which to support her request.

2.  Regulatory policy in effect at the time provided that the service of Reserve Component Soldiers in an entry-level status would be "uncharacterized," even though they completed their IADT successfully.  The evidence indicates that when she was issued a DD Form 214 upon successfully completing IADT she was in an entry level status. 

3.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s 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.

4.  The Board does not correct records solely for the purpose of improving an individual's Federal or military employment opportunities.  Therefore, her desire to have her DD Form 214 show "honorable" to improve her employment opportunities is not a mitigating factor in this case. 

5.  In view of the foregoing, there is no basis for granting the applicant's request.

6.  The applicant should exhaust her administrative remedies and contact the VAARNG if she has any questions regarding the "uncharacterized" character of service shown on her NGB Form 22. 



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)                                         AR20130004909



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ABCMR Record of Proceedings (cont)                                         AR20130004909



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