RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2006
      DOCKET NUMBER:  AR20060009128


      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:

|     |Mr. Peter Fisher                  |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Jeffrey Redmann               |     |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
an honorable discharge.

2.  The applicant states he received an honorable discharge, but he never
received an updated DD Form 214 (Certificate of Release or Discharge from
Active Duty).

3.  The applicant provides a copy of his DD Form 214 and his discharge
orders from the U.S. Army Reserve.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 November 1983.  The application submitted in this case is
dated 19 June 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 U.S. Army Reserve on 27 July 1983 for a
period of six years.  He was ordered to initial active duty for training
(IADT) on 27 July 1983.

4.  He completed basic training and advanced individual training at Fort
Dix, New Jersey.  He was awarded military occupational specialty 64C (Motor
Transport Operator).

5.  The applicant was released from active duty for training on 22 November
1983 with an uncharacterized discharge.  On the date following, he was
transferred back to his Reserve unit.  He completed 3 months and 26 days of
active military service.

6.  Headquarters, Fifth United States Army, Orders 165-129, dated 23 August
1984, discharged the applicant from the U.S. Army Reserve on 5 February
1984 with an honorable discharge under the provisions of Army Regulation
135-178.
7.  The applicant applied to the Army Discharge Review Board (ADRB) on
17 November 1994 for an upgrade of his discharge from uncharacterized to
honorable.  There was no action taken by the ADRB and his case was
administratively closed.

8.  Army Regulation 635-5 (Separation Documents) governs the preparation of
the DD Form 214.  It 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.

9.  Army Regulation 635-200 states that entry level status for Army
National Guard and U.S. Army Reserve Soldiers begins upon enlistment in the
Army National Guard or the U.S. Army Reserve.  The regulation states that
entry
level status terminates, for Soldiers ordered to IADT for one continuous
period, 180 days after beginning training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the U.S. Army Reserve in July 1983.  He was
ordered to active duty for training on 27 July 1983 and was released from
active duty on 22 November 1983 with his service uncharacterized.  He was
discharged from the U.S. Army Reserve on 5 February 1984 with an honorable
discharge.

2.  The applicant was in an entry level status at the time of his
separation from active duty for training.  The determination that the
applicant’s service was uncharacterized was in compliance with the Army
regulation governing separations of Reserve Soldiers while in an entry
level status.  The applicant’s uncharacterized discharge is not a bad
discharge; it only means he did not serve on active duty long enough to be
evaluated.

3.  Therefore, the applicant's DD Form 214 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 22 November 1983; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 21 November 1986.  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

PF______  TR______  JR______  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.




                                  Peter Fisher__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009128                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |19831122                                |
|DISCHARGE AUTHORITY     |AR135-178                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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