IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130016885
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 character of service as honorable vice uncharacterized.
2. The applicant states she served her country honorably as a member of the U.S. Army Reserve (USAR) and never had any disciplinary actions during her period of service. She needs her character of service to be changed to honorable in order to qualify for a Department of Veterans Affairs Home Loan.
3. The applicant provides her enlistment contract, military orders, performance evaluations, service school evaluations, awards, and retirement point information.
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 was a member of the USAR and she entered active duty for training (ADT) on 17 March 1993.
3. She successfully completed both basic combat training and advanced individual training. She was awarded military occupational specialty 91B (Medical Specialist).
4. She was released from active duty on 4 August 1993 and assigned to a USAR unit in Winston-Salem, NC.
5. The DD Form 214 she was issued shows she was released from ADT in accordance with Military Entrance Processing Station (MEPS) self-terminating Order Number 19111, dated 29 January 1993 with an uncharacterized character of service. She completed 4 months and 18 days (or 141 days) of net active service this period.
6. A review of the applicant's record and the supporting documents submitted with her application to the Board show the applicant was a USAR Soldier in good standing.
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel Chapter 3 describes the different types of characterization of service. The version of the regulation in effect at the time of her separation stated an uncharacterized separation is an entry-level separation. For Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant entered ADT on 17 March 1993 and she was released from ADT on 4 August 1993. She completed 4 months and 18 days (141 days) of net active service during this period and she received an uncharacterized character of service.
2. Because the applicant served only 141 days of ADT she was still in an entry-level status at the time of her separation. Therefore, her service was uncharacterized.
3. The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for benefits. Every case is individually decided based upon its merits.
4. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely shows the Soldier did not serve on active duty long enough for his or her character of service to be rated.
5. In view of the foregoing, the applicant's request should be denied.
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) AR20130016885
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ABCMR Record of Proceedings (cont) AR20130016885
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