IN THE CASE OF:	   

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130018731 


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 received an honorable discharge.

2.  The applicant states she was discharged due to parenthood and she needs her character of service changed for matters of employment.

3.  The applicant provides:

* DD Form 214
* U.S. Army Reserve (USAR) Personnel Command Orders D-12-248777

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 enlisted in the USAR on 15 December 1994.

3.  She entered active duty for training (ADT) on 15 February 1995.  She completed training and she was awarded military occupational specialty 62B (Construction Equipment Repairer).

4.  She was released from ADT on 30 June 1995 and returned to her USAR unit.

5.  The DD Form 214 she was issued at the time of her release from ADT shows she completed 4 months and 16 days of active service.

* item 6 (Reserve Obligation Termination Date) shows the entry "02 12 14 [14 December 2002]"
* item 23 (Type of Separation) shows the entry "RELEASE FROM ADT"
* item 24 (Character of Service) shows the entry "UNCHARACTERIZED"
* item 25 (Separation Authority) shows the entry "AR 635-200, CHAP 4 [Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4]"
* item 28 (Narrative Reason for Separation) shows the entry "COMPLETION OF REQUIRED ACTIVE SERVICE"

6.  The applicant's records contain Headquarters, 88th Regional Support Command, Orders 97A-067-071, dated 8 March 1997, which show she was released from her USAR unit due to unsatisfactory participation and reassigned to the USAR Control Group (Annual Training) effective 8 March 1997.

7.  The applicant provided USAR Personnel Command Orders D-12-248777, dated 17 December 2002, which show she was honorably discharged from the USAR on 17 December 2002.

8.  A member of a Reserve Component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve Component.  Entry-level status of such a member of a Reserve Component terminates 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more or 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.

9.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the 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 have completed initial ADT.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The separation document provides 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.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant a discharge under other than honorable conditions.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.

2.  An entry-level separation is uncharacterized under most circumstances.  An uncharacterized discharge is neither positive nor negative.  It simply means the Soldier did not serve on active duty long enough to qualify for a specified character of service.

3.  The evidence shows she served on active duty from 15 February 1995 to 30 June 1995, a period of 4 months and 16 days (136 days).  Therefore, she did not complete the requisite minimum of 180 days of active duty service for determining characterization.

4.  The applicant received the appropriate character of service on her DD Form 214 and she provided insufficient evidence to show it is in error or unjust.  Therefore, there is no basis for granting the requested relief.  However, the applicant has orders that show she was ultimately honorably discharged from the USAR upon reaching her Reserve obligation termination date which should serve as sufficient evidence for prospective employers.



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)                                         AR20130018731



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ABCMR Record of Proceedings (cont)                                         AR20130018731



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