IN THE CASE OF:	  

		BOARD DATE:	  27 August 2014

		DOCKET NUMBER:  AR20130020333 


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, in effect, correction of the characterization of service on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 May 1991 to show "honorable" or "general, under honorable conditions" instead of "uncharacterized."  She also requests that her date of discharge from inactive service be changed on the above DD Form 214 to show 19 December 1998.

2.  The applicant states based on all the documentation provided and evidence she was discharged from an active status in the U.S. Army Reserve (USAR) while she was pregnant in May 1993 with no disciplinary actions.  She states she needs to provide a DD Form 214 showing she was honorably discharged for employment purposes.

3.  The applicant provides:

* DD Form 214 for the period ending on 1 May 1991
* Election of Options Regarding Pregnancy Memorandum
* Obstetrics and Gynecology Services Statement of Pregnancy
* USAR Personnel Command Orders D-03-912810
* DD Form 256A (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.  On 20 December 1990, the applicant enlisted in the USAR.  On 15 January 1991, she entered active duty for training (ADT).

3.  She was released from ADT on 1 May 1991 and transferred to her USAR unit.  She was awarded military occupational specialty 76J (Medical Supply Specialist).  Her DD Form 214 for this period of service shows her characterization of service as uncharacterized, a separation authority of Military Entrance Processing Station self-terminating orders, and the reason for separation was due to completion of ADT.

4.  Headquarters, 81st USAR Command Orders 091-142, dated 6 July 1993, show she was assigned to the U.S. Army Personnel Center (Annual Training) effective 14 March 1993 due to employment conflict.

5.  USAR Personnel Command Orders C-02-905920, dated 23 February 1999, reassigned her from the USAR Control Group (Annual Training) to the USAR Control Group (Reinforcement) effective 23 February 1999.

6.  USAR Personnel Command Orders D-03-912810, dated 9 March 1999, honorably discharged her from the USAR Control Group (Reinforcement) effective 9 March 1999.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated a DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty service.  It provided a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.

8.  Paragraph 4-2h of Army Regulation 635-200 (Personnel Separations – Enlisted Separations), in effect at the time, provided that Army National Guard of the United States (ARNGUS) and USAR Soldiers who successfully completed a period of initial ADT to which ordered would be separated under the authority of chapter 4 of this regulation.  It further provided that the characterization of service of Soldiers separated under this chapter who were in an entry-level status would be uncharacterized, even though they completed their initial ADT successfully.

9.  Army Regulation 635-200 further stated for ARNG and USAR Soldiers entry level status begins upon enlistment in the ARNG and USAR.  It terminates for Soldiers ordered to initial ADT for one continuous period 180 days after beginning training.

DISCUSSION AND CONCLUSIONS:

1.  Regulatory policy in effect at the time provided that the service of USAR Soldiers in an entry-level status would be uncharacterized if they completed less than 180 days of continuous active duty, even though they completed their initial ADT successfully.  The evidence shows when she successfully completed initial ADT she was in an entry level status.  As such, there is no basis to change the characterization of service on her DD Form 214.

2.  Though evidence shows she was discharged from the USAR on a date beyond her Reserve Obligation Termination Date of 19 December 1998, this resulted in no harm to the applicant.  Furthermore, there is no provision for entering her discharge date approximately 7 years later to her DD Form 214 covering her period of ADT.  The orders discharging her from the USAR and her Honorable Discharge Certificate are the official record of her honorable discharge from the USAR.

3.  Records are not corrected solely for the purpose of establishing eligibility for other programs or benefits.  Uncharacterized service is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her service to be rated as honorable or otherwise.

4.  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 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)                                         AR20130020333



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130020333



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1