BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130020474
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 her character of service as honorable vice uncharacterized.
2. The applicant states, in effect, that she completed her Basic Combat Training (BCT) and Advanced Individual Training (AIT) without incident. She fulfilled her military obligation and separated from the California Army National Guard (CAARNG) in December 2003. She needs her DD Form 214 corrected in order to apply for employment and to obtain a military identification card.
3. The applicant provides her DD Form 214 ending 18 May 1996 and her National Guard Bureau (NGB) Form 22E (Record of Separation and Record of Service) ending 6 December 2003.
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 U.S. Army Reserve (USAR) on 7 December 1995 and she entered active duty for training (ADT) on 25 January 1996 at Fort Leonard Wood, MO where she completed her BCT.
3. She reported to Fort Jackson, SC on or about 29 March 1996 where she successfully completed her AIT and was awarded military occupational specialty 75B (Personnel Administration Specialist).
4. On 18 May 1996, she was released from active duty and assigned to a USAR unit in Lathrop, CA. The DD Form 214 she was issued at that time shows she was released from ADT upon completion of required active service with an uncharacterized character of service. She completed 3 months and 25 days (or 116 days) of net active service this period.
5. A review of her record shows she was a USAR Soldier in good standing upon the completion of her ADT.
6. She provides a copy of her NGB Form 22E which shows she served in the CAARNG from 25 August 2000 until her honorable discharge on 6 December 2003 upon the expiration of her service obligation.
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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. For Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant entered ADT on 24 January 1996 and she was released from ADT on 18 May 1996. She completed 3 months and 25 days (or 116 days) of net active service during this period and she received an uncharacterized character of service.
2. Because the applicant served only 116 days of ADT she was still in an entry-level status at the time of her separation. Therefore, her service was uncharacterized.
3. The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for benefits. Every case is individually decided based upon its merits.
4. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely shows the Soldier did not serve on active duty long enough for his or her character of service to be rated. 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) AR20130020474
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