IN THE CASE OF
BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130020658
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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his character of service was honorable.
2. The applicant states he was discharged from active duty for training (ADT) and returned to his U.S. Army Reserve (USAR) unit without having any problems either during his ADT or at his USAR unit. His service should have been characterized as being honorable as he desires to apply for a government job.
3. The applicant provides copies of his DD Form 214 and discharge orders from the USAR.
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 10 January 1991 and was ordered to ADT on 27 August 1991. He completed his training as a unit supply specialist and was released from ADT on 18 January 1992. He served 4 months and 22 days of active service and his service was uncharacterized.
3. On 12 January 1999, he was honorably discharged from the USAR.
4. Army Regulation 635-200 provides the policies and procedures for the separation of enlisted personnel. Paragraph 4-2, in effect at the time, provides in pertinent part that Army National Guard and USAR Soldiers who successfully complete a period of ADT while in an entry level status will have uncharacterized service even though they completed their ADT successfully.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant was properly released from ADT with uncharacterized service in accordance with the applicable regulation in effect at the time.
2. While the applicants request is understandable, a duly-constituted and properly prepared DD Form 214 is not changed simply to qualify an individual for benefits.
3. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's 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.
4. Accordingly, there appears to be 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) AR20130020658
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130020658
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100021518
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his character of service as honorable. The applicant provides: * his DD Form 214 for the period ending 13 August 1992 * his Honorable Discharge Certificate, dated 26 October 1999 * orders showing he was honorably discharged, dated 26 October 1999 CONSIDERATION OF EVIDENCE: 1. It does not appear that the applicant served on active duty for a period long enough to qualify...
ARMY | BCMR | CY2011 | 20110009947
The applicant provides copies of her DD Forms 214, her discharge orders from the USAR, and her request for release from the USAR. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Therefore, the applicant's first DD Form 214 was properly prepared to reflect her ADT service as being uncharacterized and the applicant has failed to show through the evidence of record and the evidence submitted with her application...
ARMY | BCMR | CY2013 | 20130018121
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his character of service as honorable vice uncharacterized. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The DD Form 214 provides a record of a Soldier's active Army service at the time of release from active duty and does not reflect subsequent service in the ARNG or USAR.
ARMY | BCMR | CY2013 | 20130019822
The applicant provides: * his service personnel records * a service medical record, dated 5 January 1991 * DD Form 214 for the period ending 29 June 1989 CONSIDERATION OF EVIDENCE: 1. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Since he was in an entry-level status when he was released from active duty in 1989, his character of service was uncharacterized which is properly reflected on his DD Form 214.
ARMY | BCMR | CY2013 | 20130020333
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." 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. Though evidence shows she was...
ARMY | BCMR | CY2012 | 20120008612
The applicant requests reconsideration of his request to have his uncharacterized service changed to an honorable characterization of service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The applicant was properly released from IADT with uncharacterized service in accordance with the applicable regulation in effect at the time because he had served less than 180 days of continuous active duty.
ARMY | BCMR | CY2012 | 20120000170
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 instead of uncharacterized. She completed 5 months and 9 days of active service and her service was uncharacterized. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2013 | 20130018555
The applicant requests change of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an honorable character of service. In May 1991, the applicant enlisted in the U.S. Army Reserve (USAR) and entered Active Duty for Training (ADT) on 18 July 1991. Discharge or release from active duty upon termination of enlistment and other periods of active duty or ADT state the service of Soldiers specified in this paragraph who are in entry-level status will be...
ARMY | BCMR | CY2008 | 20080011516
Application for correction of military records (with supporting documents provided, if any). The applicant requests that the characterization of service on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from uncharacterized to honorable and the reenlistment eligibility (RE) code be changed from "NA" to "RE-1." Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military...
ARMY | BCMR | CY2012 | 20120022785
The applicant requests correction of item 24 (Character of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicants military records show she enlisted in the USAR on 15 April 1991 and she entered active duty for training (ADT) on 29 May 1991. Only the honorable characterization may be awarded a Soldier upon completion of his or her period of enlistment or period for which called or ordered to active duty or ADT, or where required under specific...