RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 March 2007
DOCKET NUMBER: AR20060014175
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Ms. Linda M. Barker
Member
Mr. Michael J. Flynn
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, in effect, correction of her Certificate of Release or Discharge from Active Duty (DD Form 214) to show that she was honorably discharged.
2. The applicant states, in effect, that she did not know that her enlistment was fraudulent and should not be held accountable. She wants her service changed from uncharacterized to honorable.
3. The applicant provides a copy of her DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 24 November 1999. The application submitted in this case is dated
20 August 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 applicantÂ’s failure to timely file.
3. On 14 July 1999, the applicant enlisted in the United States Army Reserve for 8 years. She was subsequently ordered to active duty for training.
4. On 3 August 1999, the applicant commenced her initial training at Fort Jackson, South Carolina. On or about 23 October 1999, she sprained both ankles while on a road march, and aggravated them by continued training. She was subsequently authorized an early release from training due to a temporary medical disqualification.
5. On 24 November 1999, the applicant was released from active duty training under the provisions of Army Regulation 635-200, chapter 4, for completion of required active duty. Her DD Form 214 shows that her character of service was uncharacterized. She had completed 3 months and 22 days of creditable active duty.
6. Army Regulation 635-200 (Personnel Separations) provides , in pertinent part, that a soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. Soldiers are in entry-level status, when undergoing initial entry training; and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous active duty or initial active duty for training.
7. On 8 February, 2002, the USAR discharged the applicant under the provisions of Army Regulation 135-178. Her service was uncharacterized.
8. Army Regulation 135-178 (Enlisted Personnel Administrative Separations USAR) provides, in pertinent part, that Soldiers who are separated while in entry level status will have their service described as uncharacterized. Entry level status for such a member of a Reserve component terminates as follows:
(1) 180 days after beginning training if the Soldier is ordered to active duty for training for one continuous period of 180 days or more; or (2) 90 days after the beginning of the second period of active duty for training if the Soldier is ordered to active duty for training under a program that splits the training into two or more separate periods of active duty.
DISCUSSION AND CONCLUSIONS:
1. According to regulatory guidance, USAR Solders remain in an entry level status until completion of their initial active duty training. The applicant commenced her initial active duty training but did not successfully complete it. Therefore, her DD Form 214 was issued with an uncharacterized description of service.
2. When the Soldier was discharged from the USAR on 8 February 2002, she still had not completed her initial active duty training; and, therefore was still in an entry level status. Accordingly, her service was described as uncharacterized.
3. In view of the foregoing, there is no basis for granting the applicant's request.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 November 1999; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
23 November 2002. 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
_LE_____ __MJF__ __LMB___ 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.
_ Lester Echols_________
CHAIRPERSON
INDEX
CASE ID
AR20060014175
SUFFIX
RECON
DATE BOARDED
20070329
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
144.2900
2.
3.
4.
5.
6.
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