RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 September 2006
      DOCKET NUMBER:  AR20060003421


      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. Marla Troup                   |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Mr. Edward Montgomery             |     |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 his uncharacterized discharge be changed to
honorable.

2.  The applicant states that his discharge was labeled uncharacterized
because his medical service connected disability was not established.

3.  The applicant provides a memorandum; his NGB Form 22 (National Guard
Bureau - Report of Separation and Record of Service); a DA Form 4187
(Personnel Action); and his Department of Veterans Affairs Rating Decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 10 October 1990.  The application submitted in this case is
dated 14 February 2006.

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 Oregon Army National Guard on 17 July
1990 for a period of eight years.

4.  Department of Defense, Military Entrance Processing Station, Boise,
Idaho Orders Number 131-5, dated 23 July 1990, ordered the applicant to
initial active duty for training (IADT) with a reporting date of 28 July
1990.  On 4 October 1990, the unexecuted portion of the order was rescinded
and the applicant was returned to state control without completing
training.  The memorandum rescinding the original order indicated that the
Red Cross confirmed family health problems (father terminally ill and
mother hospitalized with heart problems) and that the applicant’s presence
at home was required as soon as possible.

5.  The applicant was discharged from the Oregon Army National Guard and as
a Reserve of the Army on 10 October 1990.  He was discharged under the
provisions of National Guard Regulation 600-200, paragraph 8-26u, defective
enlistment agreement.  His service was uncharacterized.  He had 2 months
and 24 days of service.

6.  There is no evidence which indicates the applicant applied to the Army
Discharge Review Board within its 15-year statute of limitations.

7.  Army Regulation 135-178, paragraph 1-18b(1), provides that an honorable
discharge is a separation with honor.  Issuance of an honorable discharge
is appropriate when the quality of the Soldier’s service generally has met
the standards of acceptable conduct and performance of duty for military
personnel, or is otherwise so meritorious that any other characterization
would be clearly inappropriate.

8.  Army Regulation 135-178, paragraph 1-20 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Oregon Army National Guard on 17 July
1990.  He was ordered to IADT on 28 July 1990 and was returned to state
control in October 1990 without completing training.  He was discharged
from the Oregon National Guard on 10 October 1990.

2.  The applicant was in an entry level status at the time of his
separation from active duty.  The determination that the applicant’s
service was uncharacterized was in compliance with the Army regulation
governing separations of Soldiers while in an entry level status.

3.  Therefore, the applicant's NGB Form 22 properly reflects his character
of service as uncharacterized.

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

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 October 1990; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 9 October 1993.  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

MT______  CD______  EM______  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.




                                  Marla Troup___________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003421                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |19901010                                |
|DISCHARGE AUTHORITY     |NGR600-200,para 8-26u                   |
|DISCHARGE REASON        |Defective enlistment agreement          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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