RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2005
      DOCKET NUMBER:  AR20040011329


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Leonard Hassell               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her uncharacterized discharge be changed to
an honorable discharge.

2.  The applicant states that she successfully completed her basic combat
training and advanced individual training as ordered.  She went on to serve
with her U.S. Army Reserve unit in the military occupational specialty
(MOS) for which she was trained.

3.  The applicant provides a copy of her DD Form 214 (Certificate of
Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 9 June 1989.  The application submitted in this case is dated 9
December 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the U.S. Army Reserve on 22 August 1988 for a
period of eight years.  She was ordered to active duty for training on 24
January 1989.

4.  She completed basic training at Fort Dix, New Jersey on 31 March 1989
and was further assigned to Fort Sam Houston, Texas for advanced individual
training in MOS 91A (Medical Specialist).  She completed advanced
individual training on 9 June 1989.

5.  The applicant was released from active duty training on 9 June 1989
with an uncharacterized discharge.  On the date following, she was
transferred back to her Reserve unit.  She completed 4 months and 16 days
active military service.

6.  The applicant continued to serve in the U.S. Army Reserve and was
discharged on 25 July 2000.
7.  There is no evidence which indicates the applicant applied to Army
Discharge Review Board within its 15-year statute of limitations.

8.  Army Regulation 635-200, paragraph 3-7, provides that an honorable
discharge is a separation with honor.  Issuance of an honorable discharge
is predicated upon proper military behavior and proficient performance of
duty during the member's current enlistment or period of obligated service
with due consideration to the member's age, length of service and general
aptitude.  Where a member has served faithfully and performed to the best
of his or her ability, an honorable discharge certificate should be
furnished.

9.  Army Regulation 635-200, chapter 3, section II states that a separation
will be described as entry level with service uncharacterized if processing
is initiated while a Soldier is in entry level status.

10.  Army Regulation 635-200 states that a Soldier is in an entry level
status if the Soldier has not completed more than 180 days of creditable
continuous active duty prior to the initiation of separation action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the U.S. Army Reserve in August 1988.  She
was ordered to active duty for training on 24 January 1989 and was released
from active duty on 9 June 1989 with service uncharacterized.

2.  The applicant was in an entry level status at the time of her
separation from active duty because she had served fewer than 180 days of
active Federal service.  The determination that the applicant’s service was
uncharacterized was in compliance with Army regulation governing
separations of Soldiers while in an entry level status.

3.  Therefore, the applicant's DD Form 214 properly reflects her character
of service as uncharacterized.

4.  She has failed to show through the evidence submitted with her
application or the evidence of record that the actions taken in her case
were in error or unjust.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 June 1989; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 8 June 1992.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

LS______  PM______  LH______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  Linda Simmons_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011329                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050726                                |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |19890609                                |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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