ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 July 2019

	DOCKET NUMBER:  AR20180002256


APPLICANT REQUESTS:  a change of her 1991 uncharacterized discharge to an honorable discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Order Number 10-12

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states her last duty assignment was with the 677th Supply Company, Camden, NJ.  She was discharged from this unit in 1999.  The only DD Form 214 (Certificate of Release or Discharge from Active Duty) on file for her is from her basic training.  She was not issued a DD Form 214 for serving 8 years of service.

3.  Review of the applicant’s record shows:

	a.  She enlisted in the U.S. Army Reserve (USAR) on 29 April 1991.  She entered active duty for training (ADT) on 28 August 1991.  She completed required training for award of military occupational specialty 76V (materiel Storage and handling Specialist). 

	b.  She was released from ADT on 18 December 1991, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 4-2, by reason of expiration of term of service.  She was transferred to a Reserve unit. 

	c.  Her DD Form 214 shows she completed 3 months and 21 days of net active service.  Her service was “uncharacterized.”

	d.  She provides a copy of Order Number 10-12, dated 2 August 1993, showing her reassignment (between troop program units) to the 677th Supply Company, Camden, NJ, effective 30 September 1993.

	e.  Orders Number 126-36, dated 6 May 1999, show she was honorably discharged from the USAR, under the authority of AR 135-178 (Enlisted Administrative Separations), effective 28 April 1999, at the conclusion of her statuary service obligations. .

	f.  Her Chronological Statement of Retirement Points, dated 28 June 2019, show she served in the USAR from 29 April 1991 to 28 April 1998 and completed 6 years of qualifying service for retired pay.

5.  By regulations:

	a.  AR 635-200, USAR Soldiers who successfully complete a period of ADT to which ordered, the service of Soldiers specified in this paragraph who are in entry level status will be uncharacterized, even though they have completed their ADT successfully.  Entry level status is defined as the first 180 days of continuous service.  The entry-level separation is given regardless of the reason for separation.  An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his/her character of service to be rated as honorable or otherwise.

	b.  AR 635-5 (Separation Documents), the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty of more than 90 days, to include attendance at basic and advanced individual training, and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  A DD Form 214 will be issued to Reserve Component Soldiers upon the completion of Individual ADT resulting in the award of a military occupational specialty, even when the active duty period was less than 90 days.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  The applicant’s contentions were carefully considered.  She completed a period of active duty while conducting initial entry training (IET).  She was awarded a MOS at the completion of IET and was transferred back to the USAR.  Army Regulation 635-200 provides that when a RC Soldier successfully completes IADT, the character of service is Honorable unless directed otherwise by the separation authority.  Based upon regulatory guidance, the Board agreed the DD Form 214 should show her character of service as honorable.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing her a DD Form 214 for the period ending 18 December 1991 showing her character of service as Honorable.

	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulations (AR) 635-200 (Personnel Separations – Enlisted Separation), in effect at the time, set forth the basic authority for the separation of enlisted personnel. The regulation stated in:

	a.  Paragraph 3-7a – an honorable discharge was a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would be clearly inappropriate.  

	b.  Paragraph 3-9 – a separation would be described as an entry level separation with service uncharacterized if processing was initiated while a Soldier is in entry level status.  During the first 180 days of continuous active military service, a member's service was under review.  When separated within the first 180 days, service was usually not characterized unless the circumstances of the separation warranted a discharge under other than honorable conditions (misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial).

3.  AR 135-178 (Enlisted Administrative Separations), in effect at the time, set policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve enlisted Soldiers for a variety of reasons.  The regulation stated in:

	a.  Paragraph 11-1 – On the expiration of term of enlistment, reenlistment, or period of statutory obligated service, the Soldier would be discharged by the separation authority.  No Soldier would be held in service beyond the normal expiration of term of service unless expiration of term of service was extended by law.

	b.  Paragraph 11-2 – A Soldier being discharged on expiration of enlistment, reenlistment, or fulfillment of service obligation would be awarded a character of service of honorable, unless an uncharacterized description of service was required by paragraph 1-20a (service would be described as uncharacterized if separation processing was initiated while a Soldier was in an entry level status), was required, or the Soldier had been transferred to the Individual Ready Reserve to fulfill a service obligation and given a service characterization of less than honorable upon transfer .


4.  AR 635-5 (Separation Documents), in effect at the time, stated:

	a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty of more than 90 days, to include attendance at basic and advanced individual training, and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  

	b.  A DD Form 214 would be issued to Reserve Component Soldiers upon the completion of Individual ADT resulting in the award of a military occupational specialty, even when the active duty period was less than 90 days.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180002256


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