IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001723
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, in effect, that he completed his service obligation and he was honorably discharged; however, his DD Form 214 reflects his service as uncharacterized and he needs it changed to honorable so that he can obtain veterans benefits.
3. The applicant provides a copy of his Honorable Discharge Certificate, dated 20 July 2005.
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 15 July 1997 for a period of 8 years. He was ordered to active duty training (ADT) on
16 October 1997 and he was transferred to Fort Jackson, South Carolina where he completed his ADT as a personnel specialist.
3. On 7 March 1998, he was released from ADT and he was returned to his USAR unit in Washington State. He had served 4 months and 22 days of ADT and his service was uncharacterized.
4. On 20 July 2005, the applicant was honorably discharged from the USAR in the rank of private first class.
5. 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.
6. Army Regulation 635-5 (Separation Documents) in effect at the time 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) AR20140001723
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140001723
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140001723
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, in effect, that he completed his service obligation and he was honorably discharged; however, his DD Form 214 reflects his service as uncharacterized and he needs it changed to honorable so that he can obtain veterans benefits. The applicant was properly released from ADT with uncharacterized...
ARMY | BCMR | CY2013 | 20130012216
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his characterization as honorable. The applicant states his DD Form 214 shows his service during active duty training (ADT) was uncharacterized and should have been characterized as honorable because he completed his training without incident and returned to his U.S. Army Reserve (USAR) unit. The applicable regulations provide that Reserve Component Soldiers who complete...
ARMY | BCMR | CY2011 | 20110019598
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to amend item 24 (Character of Service) to show honorable instead of uncharacterized. Chapter 4 of Army Regulation 635-200 states a Soldier will be discharged or released from AD upon termination of enlistment and other periods of AD or ADT. It specifies that "Soldiers of the USAR ordered to AD for a period in excess of 90 days will, upon release from AD, revert to control of the...
ARMY | BCMR | CY2009 | 20090008030
Application for correction of military records (with supporting documents provided, if any). The applicant provides, in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); Headquarters, 2nd Troop, 104th Aviation Battalion, Annville, PA, memorandum, dated 9 December 1995; Commonwealth of Pennsylvania, Department of Military Affairs, The Adjutant General, Annville, PA, Orders 025-012, dated 6 February 1996; NGB Form 22 (Report of...
ARMY | BCMR | CY2014 | 20140007258
The applicant states there is no characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He was released from ADT on 10 October 1997 in accordance with chapter 4 of Army Regulation 635-200 (Personnel Separations) by reason of completion of required active service. He completed 3 months and 28 days of creditable active service and he received an uncharacterized character of service.
ARMY | BCMR | CY2010 | 20100028718
The applicant requests correction of item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "honorable," "under honorable conditions," or "general" rather than "uncharacterized." It specifies that "Soldiers of the ARNG and the USAR ordered to active duty for a period in excess of 90 days will, upon release from active duty, revert to control of the appropriate Reserve Component" and that the "service of Soldiers specified in this...
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 | 20130010359
The DD Form 214 he was issued at the time of release from ADT shows he completed 2 months and 23 days of active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable...
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 | CY2013 | 20130020658
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 was properly released from ADT with uncharacterized service in accordance with the applicable regulation in effect at the time. 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.