IN THE CASE OF:
BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130018034
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 his uncharacterized discharge to an honorable discharge.
2. The applicant states his uncharacterized discharge is preventing him from receiving some veterans' benefits in Wisconsin.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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's records show he enlisted in the U.S. Army Reserve (USAR) on 13 March 1996 for a period of 8 years. On 21 May 1996, he was ordered to initial active duty for training (ADT) at Fort Leonard Wood, MO, for basic training and advanced individual training. He was released from ADT on 12 September 1996.
3. His DD Form 214 shows he was released from ADT under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 4, by reason of completion of required active service with uncharacterized service. He completed 3 months and 22 days of active service during this period, had no prior active service, and had 2 months and 8 days of prior inactive service.
4. Army Regulation 635-200 (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 ADT. Specifically, individuals of the USAR ordered to active duty who have completed less than 180 days of continuous active duty will have their service uncharacterized, even though they completed ADT.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with complete and accurate documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty of more than 90 days, to include attendance at basic and advanced individual training, and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was properly released from active duty upon completion of ADT. An uncharacterized separation carries no stigma. It simply means the Soldier did not serve the requisite amount of time to warrant a characterization of service.
2. The evidence of record shows he initially entered ADT on 21 May 1996. He was released from ADT on 12 September 1996 after completing 3 months and 22 days of active duty service. This period of service was less than 180 days (6 months); therefore, he was issued a DD Form 214 that shows this period of service as uncharacterized.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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 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) AR20130018034
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ABCMR Record of Proceedings (cont) AR20130018034
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