IN THE CASE OF:	    

		BOARD DATE:	  1 May 2014

		DOCKET NUMBER:  AR20130015381
 

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 she was given an honorable separation from active duty, versus an uncharacterized separation, and she was separated in the rank/grade of private first class (PFC)/E-3 instead of private (PV2)/E-2.  

2.  The applicant states her discharge was amended to honorable, in the rank/grade of PFC/E-3.

3.  The applicant provides:

* a copy of her DD Form 214
* a copy of her DD Form 256A (Honorable Discharge Certificate)
* Orders 98-120-001, issued by Headquarters, 88th Regional Support Command (RSC), Fort Snelling, MN on 30 April 1998
* a copy of her marriage license

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 29 August 1995, the applicant enlisted in the U.S. Army Reserve (USAR). Upon her enlistment, she was assigned to the 377th Maintenance Company in Manitowoc, WI, a troop program unit (TPU) of the 88th RSC.  

3.  On 15 July 1996, she was promoted to the rank/grade of private (PV2)/E-2.

4.  On 25 July 1996, she entered active duty for the purpose of completing her initial active duty for training (IADT).  

5.  On 18 December 1996, upon her completion of IADT, she was awarded military occupational specialty 92A (Automated Logistical Specialist) and was released from active duty and returned to her TPU.  Her DD Form 214 contains the following entries:

* Item 12c (Net Active Service This Period) – 4 months and 24 days
* Item 23 (Type of Separation) – Release from Active Duty Training
* Item 24 (Character of Service) – Uncharacterized
* Item 25 (Separation Authority) – Army Regulation 635-200, chapter 4
* Item 26 (Separation Code) – MBK
* Item 28 (Narrative Reason for Separation) – Completion of Period of Required Active Service

6.  Item 18 (Appointments and Reductions) of her DA Form 2-1 (Personnel Qualification Record – Part II) shows she was promoted to the rank/grade of PFC/E-3 effective 1 February 1997.

7.  Orders 117-48, issued by Headquarters, 88th RSC, Fort Snelling, MN on     27 April 1998, discharged her from the USAR effective 1 April 1998.  These orders show she was given a discharge characterization of general (under honorable conditions), and her rank/grade was PFC/E-3.

8.  Orders 98-120-001, issued by Headquarters, 88th RSC, Fort Snelling, MN on 30 April 1998, amended Orders 117-48 by changing her discharge characterization from general (under honorable conditions) to an honorable discharge.  These orders show her rank/grade as PFC/E-3. 


9.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 3 describes the different characterizations of service.

   a. Paragraph 3-7a states that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the Soldier'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 a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted.

   b. Section  II (Terms) of the glossary states that entry-level status for Soldiers in the ARNG and USAR begins/began upon enlistment in the ARNG or USAR and, for those Soldiers ordered to IADT for one continuous period, terminates 180 days after the commencement of IADT (emphasis added).

10.  Army Regulation 635-5 at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 should be corrected to show her character of service as honorable instead of uncharacterized.

2.  The evidence of record shows the applicant entered IADT on 25 July 1996 and was released from IADT on 18 December 1996.  She completed 4 months and 24 days of active service and received an uncharacterized character of service. 

3.  The applicant was a USAR Soldier attending IADT; therefore, her entry-level status would have terminated 180 days after she entered IADT.  She served on active duty for a period of 144 days; therefore, she was still in an entry-level status at the time of her separation.  As a result, her DD Form 214 correctly characterizes her service as uncharacterized.  

4.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier did not serve on active duty long enough for his or her character of service to be rated.  

5.  The applicant was promoted to PFC/E-3 effective 1 February 1997, and she was discharged from the USAR on 1 April 1998.  Both events occurred after her separation from active duty.  Since the DD Form 214 captures information related to a Soldier's period of active duty, there is no basis for amending her               DD Form 214 to reflect post-active duty events.  

6.  In view of the foregoing, 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)                                         AR20100000887



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ABCMR Record of Proceedings (cont)                                         AR20130015381



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