IN THE CASE OF:
BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140003408
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, 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, she was honorably discharged from the Army National Guard (ARNG) on 27 December 1998, and she was honorably discharged from the U.S. Army Reserve (USAR) on 27 December 2003. Therefore, her DD Form 214 should also show she was honorably discharged. Instead the military is trying to say her service was uncharacterized or dishonorable which is not true.
3. The applicant provides her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), orders, and two Honorable Discharge Certificates.
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 Oregon ARNG for a period of 8 years on 28 December 1995.
3. She entered active duty for training (ADT) on 12 February 1996. She completed training and she was awarded military occupational specialty 92Y (Unit Supply Specialist).
4. On 31 May 1996, she was released from ADT and assigned to her ARNG unit.
5. The DD Form 214 she was issued shows she was released from ADT under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 4, by reason of completion of required active service with an uncharacterized character of service. She completed 3 months and 19 days (or 109 days) of creditable active service.
6. On 27 December 1998, she was honorably separated from the ARNG and she was transferred to the USAR Control Group (Reinforcement).
7. On 27 December 2003, she was honorably discharged from the USAR.
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. 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. A separation is described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized. For Soldiers ordered to ADT, entry-level status terminates 180 after beginning training.
b. Chapter 4 provides that a Soldier will be separated upon the expiration of enlistment or the fulfillment of the service obligation. A Soldier being separated upon expiration of enlistment or fulfillment of the service obligation will be awarded a character of service of honorable unless the Soldier is in an entry-level status and the service is uncharacterized.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant entered ADT on 12 February 1996 and she was released from ADT on 31 May 1996. She completed 3 months and 19 days (109 days) of active service and was separated while in an entry-level status.
2. As an ARNG Soldier attending ADT, her entry-level status would terminate 180 days after entering active duty. As she served for 109 days and was still in an entry-level status at the time of her separation, she was not entitled to receive an honorable character of service. Her DD Form 214 properly shows her service as uncharacterized.
3. 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. An uncharacterized discharge 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/her character of service to be rated.
4. 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) AR20140003408
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ABCMR Record of Proceedings (cont) AR20140003408
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