BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20130020358
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, the mother of a former service member (FSM), requests change of the FSM's uncharacterized discharge to honorable.
2. The applicant states the FSM informed his sergeant that he was moving. He then reenlisted in the U.S. Army Reserve (USAR) for a unit in Decorah, IA.
3. The applicant provides a copy of the FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty), DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), Certificate of Death, and a State of Minnesota Affidavit for Collection of Personal Property.
CONSIDERATION OF EVIDENCE:
1. On 9 April 1996, the FSM enlisted in the Army National Guard (ARNG) of the United States for a period of 8 years and in the Minnesota ARNG for a period of 6 years.
2. The FSM's DD Form 214 shows he entered active duty for training (ADT) on
7 August 1996. He was released from ADT on 21 November 1996 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4 (Completion of Required Active Service). Item 24 (Character of Service) shows the entry "uncharacterized." It also shows he:
a. was awarded military occupational specialty 13B (Cannon Crewmember);
b. completed 3 months and 15 days of net active service this period; and
c. was transferred to the control of his ARNG unit.
3. Department of Military Affairs, Office of the Adjutant General, Saint Paul, MN Orders 306-817, dated 2 November 1998, discharged the applicant from the ARNG, effective 20 July 1998, and transferred him to the USAR Control Group (Annual Training).
4. A DA Form 4836 shows, on 3 April 2004, the applicant extended the period of his enlistment to a period of 8 years and 6 months and established his expiration of term of service as 8 October 2004. At the time, he was assigned to Company B, 389th Engineer Combat Battalion (Heavy), Decorah, IA.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. Chapter 3 (Character of Service/Description of Service), paragraph 3-7a, states, 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) is warranted.
b. Section II (Terms) of the glossary states that entry-level status for Reserve Soldiers begins upon enlistment in the USAR/ARNG and, for Soldiers ordered to ADT for one continuous period, it terminates 180 days after beginning training.
DISCUSSION AND CONCLUSIONS:
1. Records show the FSM was ordered to ADT on 7 August 1996 and he was released from ADT on 21 November 1996. He completed 3 months and 15 days of active service. He was in an entry-level status when he was released from ADT.
2. The regulatory guidance states an entry-level status Soldier's separation will be "uncharacterized."
3. Records show the FSM'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 Soldiers military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.
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.
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