BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130007526
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) to show "honorable" instead of "uncharacterized."
2. She states she completed active duty training (ADT) at Fort Sam Houston, TX, in 1993 and returned to her Connecticut Army National Guard (CTARNG) unit. Her DD Form 214 shows the entry "uncharacterized" in item 24. This is her only DD Form 214 since the Army National Guard (ARNG) and U.S. Army Reserve (USAR) use different forms for discharges. She feels a correction is warranted so she can pursue job opportunities that require an "honorable discharge."
3. She provides:
* DD Form 214
* ARNG Retirement Points History Statement
* SIDPERS (Standard Installation and Division Personnel Reporting System) STPA (Select, Train, Promote, Assign) Data Sheet
* National Guard Bureau (NGB) Form 22A (Correction to NGB Form 22 (Report of Separation and Record of Service))
* orders
* letter from the Department of Veterans Affairs (VA)
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 19 December 1992, the applicant enlisted in the CTARNG for a period of 6 years.
3. On 4 August 1993, she entered initial ADT (IADT). On 17 December 1993, after completing IADT, which included training for military occupational specialty (MOS) 91B (Medical Specialist), she was released from active duty returned to her CTARNG unit.
4. Her DD Form 214 shows in:
* item 23 (Type of Separation) "RELEASE FROM ACTIVE DUTY TRAINING"
* item 24 "UNCHARACTERIZED"
* item 25 (Separation Authority) "MEPS SELF-TERMINATING ORDER 249-1 DTD 921219 COURSE 91B"
* item 28 (Narrative Reason for Separation) "COMPLETION OF PERIOD OF ADT"
5. An NGB Form 22, as amended by the NGB Form 22A she provides, shows she received a general discharge from the CTARNG on 10 January 2000. She was transferred to the USAR Control Group (Annual Training) to complete her service obligation. Effective 1 December 2001, she was honorably discharged from the USAR.
6. She provides, in part, a letter from the VA, dated 19 February 2013, stating it was furnished to establish her veteran's preference for civil service employment. The letter states VA records certified she "separated under honorable conditions from active duty military service."
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. Chapter 4 (Separation for Expiration of Service Obligation) states the service of ARNG Soldiers in an entry-level status upon completion of IADT will be uncharacterized even though they have completed their IADT successfully.
b. For ARNG and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, entry-level status terminates 180 days after beginning training.
DISCUSSION AND CONCLUSIONS:
1. The applicant was released from active duty and returned to her CTARNG unit less than 180 days after she began IADT. Because she was still in an entry-level status when she was released from active duty, the governing regulation required that her service be uncharacterized. This is reflected in the appropriate item on her DD Form 214.
2. The VA has certified she "separated under honorable conditions from active duty military service." This is not an indication of an error on her DD Form 214 with regard to the characterization of her service. The VA makes determinations based on statutory authority and regulations separate from those governing Army procedures.
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. The applicant may want to so inform any potential employers.
4. In the absence of evidence showing an error or injustice in this case, there is no basis for granting 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) AR20130007526
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ABCMR Record of Proceedings (cont) AR20130007526
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