BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140001094
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 17 December 1993 to show her character of service as honorable instead of uncharacterized.
2. The applicant states:
* she met the requirements for an honorable discharge
* she completed her contract/term of service
* she wants her DD Form 214 corrected for employment purposes to obtain/qualify for veterans' preference as a civilian Federal employee
3. The applicant provides:
* DD Form 214 for the period ending 17 December 1993
* U.S. Army Reserve (USAR) discharge orders
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 27 May 1993 for a period of 8 years. She was ordered to initial active duty for training (IADT) on 27 August 1993. On 17 December 1993, she was released from IADT to the control of her USAR unit by reason of completion of required active service.
3. Item 24 (Character of Service) of her DD Form 214 for the period ending 17 December 1993 shows the entry "UNCHARACTERIZED."
4. She provided orders, dated 29 May 2001, that show she was honorably discharged from the USAR effective 29 May 2001.
5. Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 4, provided for the discharge or release from active duty upon termination of enlistment and other periods of active duty or IADT. The service of Army National Guard and USAR Soldiers who successfully complete a period of IADT to which ordered and who are in an entry-level status will be uncharacterized, even though they have completed their IADT successfully. A separation would be described as an entry-level separation if processing is initiated while a Soldier is in an entry-level status. Entry-level status is defined as the first 180 days of continuous active service.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. A DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army. Personnel included are members of the Army National Guard and USAR separated after completing IADT which resulted in the award of a military occupational specialty, even though the active duty was less than 90 days.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was ordered to IADT in 1993 for a period of 3 months and 21 days (111 days). Since she was in an entry-level status when she was released from active duty in 1993, her service was uncharacterized which is properly reflected in item 24 of her DD Form 214 for this period.
2. An uncharacterized period of service 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 or her character of service to be rated.
3. 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 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) AR20140001094
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ABCMR Record of Proceedings (cont) AR20140001094
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