IN THE CASE OF:
BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130018555
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 change of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an honorable character of service.
2. The applicant states her discharge certificate states honorable. She wants Department of Veteran Affairs (VA) home loan benefits.
3. The applicant provides copies of her 1993 DD Form 214 and May 1999 Honorable Discharge Certificate.
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. In May 1991, the applicant enlisted in the U.S. Army Reserve (USAR) and entered Active Duty for Training (ADT) on 18 July 1991.
3. She completed training, and she was awarded military occupational specialty (MOS) 76P1O as a materiel control and accounting specialist.
4. On 12 November 1993, she was released from ADT with an uncharacterized separation under the provisions of Army Regulation 635-200, paragraph 4-2. She was transferred to her USAR unit. She served on active duty for 3 months and 25 days.
5. On 11 May 1999, she was separated from the USAR with an honorable discharge.
6. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.
a. Chapter 3 (Character of Service/Description of Service), paragraph 3-7a, provides, in part, the honorable characterization may be awarded to a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or ADT, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) (emphasis Added) is warranted.
b. Paragraph 42. Discharge or release from active duty upon termination of enlistment and other periods of active duty or ADT state the service of Soldiers specified in this paragraph who are in entry-level status will be uncharacterized, even though they have completed their IADT successfully.
c. Section II (Terms) of the glossary states that entry-level status for Reserve Soldiers begins upon enlistment in the USAR and, for Soldiers ordered to ADT for one continuous period, it terminates 180 days after beginning training.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant commenced ADT on 18 July 1991 and she was released from ADT on 12 November 1991. She had completed 3 months and 25 days of active service. She was in an entry-level status when released from ADT.
2. The regulatory guidance states an entry-level status Soldier's separation will be "uncharacterized."
3. Records show the applicant's separation under the provisions of Army Regulation 635-200, chapter 4, based on completion of required active service was administratively correct and in compliance with applicable regulations in effect at the time. In addition, the character of service entered in item 24 of his DD Form 214 was proper and correct.
4. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated. In addition, the Board does not change a characterization of service solely for the purpose of allowing the period of service to be recognized as creditable service by other government agencies.
5. In view of the foregoing, there is no basis for granting the applicant's 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) AR20130018555
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ABCMR Record of Proceedings (cont) AR20130018555
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