IN THE CASE OF:
BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130015050
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 a reconsideration of her application to characterize her service as honorable versus "uncharacterized" and to show her rank/grade as sergeant (SGT)/E-5.
2. The applicant states she disagrees with denial of that portion of her earlier request. She provides an outline of her service to outline her periods of service and promotions. She states she had more than 180 days of service to warrant the correction.
3. The applicant provides copies of 14 Leave and Earnings Statements (LES), the 9 May 2013 Record of Proceedings with attachments, and a DD Form 215 (Correction to the DD Form 214 (Certificate of Release or Discharge from Active Duty)).
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120019438, on 9 May 2013.
2. The applicant enlisted in the U.S. Army Reserve (USAR), for eight years, on 20 July 1995, with entry onto initial active duty for training (IADT) on 2 October 1995.
3. On 22 November 1995, she was released from active duty due to pregnancy, was credited with completion of basic training, and issued a certificate of service.
4. On 22 August 1997, she was ordered to active duty to complete her IADT/AIT.
5. The applicant was promoted to specialist (E-4) effective 15 September 1997.
6. The applicant completed IADT/AIT and was released from active duty on 9 October 1997. She was transferred to a USAR Troop Program Unit (TPU) in Salem, VA to complete her USAR obligation.
7. The 9 October 1997 DD Form 214 shows 1 month and 18 days of active duty, during this period, with 1 month and 29 days of prior active duty and 1 year, 11 months, and 3 days of prior inactive duty. Her service was shown as "uncharacterized."
8. The applicant served in a TPU until her voluntary request for transfer to the Inactive Reserve on 11 May 1999.
9. The LES's provided confirm the applicant's periods of active duty and active Reserve TPU service.
10. A Certificate of Promotion shows she was promoted to sergeant (E-5) effective 25 January 1999.
11. The applicant completed her period of obligated USAR service and received an Honorably Discharge Certificate on 22 July 2003.
12. On 9 May 2013, the ABCMR granted partial relief but denied a correction of her characterization of service and rank/grade (to E-5) .
13. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) sets forth the basic authority for separation of enlisted personnel. Chapter 4 provides for the separation or release from active duty upon termination of enlistment and other periods of active duty or active duty for training. It states specifically that individuals of the USAR ordered to active duty who have completed less than 180 days of continuous active duty were to have their service shown as "uncharacterized," even though they had completed IADT.
14. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states:
a. The DD Form 214 provides a brief, clear-cut record of active duty service (emphasis added) at the time of release, retirement, or discharge from active duty.
b. USAR Soldiers completing 90 days or more of continuous ADT or IADT that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days, will be issued a DD Form 214.
c. For item 4a and 4b, enter active duty grade of rank and pay grade at time of separation.
DISCUSSION AND CONCLUSIONS:
1. The 9 October 1997 DD Form 214 covered the applicant's period of active duty service that ended on that date. Her promotion to sergeant occurred 14 months after that date. Therefore, further correction of her rank/grade is not warranted.
2. A DD Form 214 is issued to reflect periods of active duty. While the applicant had over a year of inactive service prior to her release from her second period of IADT, at no point did she have the required 180 days of continuous active duty to warrant any entry on the DD Form 214 other than "uncharacterized."
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 to amend the decision of the ABCMR set forth in Docket Number AR20120019438, dated 9 May 2013.
_______ _ _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) AR20130015050
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ABCMR Record of Proceedings (cont) AR20130015050
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