IN THE CASE OF:
BOARD DATE: 26 November 2013
DOCKET NUMBER: AR20130019705
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) for the period ending 2 July 1986 to show item 24 (Character of Service) as honorable vice entry-level status.
2. The applicant states the characterization of her service on this DD Form 214 needs to be changed to honorable in order for her to receive credit for retirement by the Office of Personnel Management. She believes this DD Form 214 was in error. She graduated from basic training (BT) and advanced individual training (AIT) in 1986. She has successfully completed many military schools, up to Command and General Staff College, and has been an active member of the New York Army National Guard (NYARNG) for almost 28 years.
3. The applicant provides her DD Form 214 for the period ending 2 July 1986 and a Defense Finance and Accounting Services (DFAS) Form 1340/2 (Estimated Earnings during Military Service (for Civil Service Retirement Purposes)).
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 she enlisted in the U.S. Army Reserve (USAR) on 3 February 1986 for a period of 8 years.
3. She entered initial active duty for training (IADT) on 12 February 1986 and was assigned to Fort Jackson, SC, for BT and AIT. She successfully completed BT and AIT and she was awarded military occupational specialty 71L (Administrative Specialist).
4. She was honorably released from IADT on 2 July 1986 to the control of her USAR unit. She completed 4 months and 21 days (or 141 days) of creditable active service during this period of service.
5. The DD Form 214 she was issued for this period of service shows she was released from IADT under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4 by reason of expiration term of service. Item 24 shows her character of service as entry-level status.
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. 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. A separation is described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized. For Soldiers ordered to IADT, entry-level status terminates 180 after beginning training (emphasis added).
b. Chapter 4 provides that a Soldier will be separated upon the expiration of enlistment or the fulfillment of the service obligation. A Soldier being separated upon expiration of enlistment or fulfillment of the service obligation will be awarded a character of service of honorable unless the Soldier is in an entry-level status and the service is uncharacterized.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant entered IADT on 12 February 1986 and she was released from IADT on 2 July 1986. She completed 4 months and 21 days (141 days) of active service and was separated while in an entry-level status.
2. As a USAR Soldier attending IADT, her entry-level status would terminate 180 days after entering IADT. As she served for 141 days and she was still in an entry-level status at the time of her separation, she was not entitled to receive an honorable character of service. Her DD Form 214 properly shows her character of service as entry-level status.
3. The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for retirement or other benefits. Every case is individually decided based upon its merits when an applicant requests a correction to his/her military records.
4. An uncharacterized or entry-level status 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/her character of service to be rated as honorable or otherwise.
5. In view of the foregoing, she is not entitled to 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) AR20130019705
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