RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 February 2008
DOCKET NUMBER: AR20070013838
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.
| |Ms. Catherine C. Mitrano | |Director |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. John T. Meixell | |Chairperson |
| |Ms. Carmen Duncan | |Member |
| |Ms. Rea M. Nuppenau | |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 the characterization of her service be
changed from uncharacterized to honorable.
2. The applicant states that she completed all of her basic and advanced
individual training and served more than 90 consecutive days on active
duty. She was not in any trouble. She should have received an honorable
discharge.
3. The applicant provides a DD Form 293 (Application for the Review of
Discharge from the Armed Forces of the United States); a Record of
Discharge from the U. S. Naval Reserve (Inactive); and her DD Form 214
(Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. 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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file. In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the U. S. Army Reserve (USAR) on 16 April
1988. She entered initial active duty training (IADT) on 14 October 1988
and was relieved from IADT on 4 March 1989 after completing 4 months and 21
days of active service.
3. The applicant’s DD Form 214 for the period ending 4 March 1989 shows
her character of service as uncharacterized.
4. Department of Defense Directive 1332.14 (Enlisted Administrative
Separations) defines “entry-level status” as follows:
Upon enlistment, a member qualifies for entry-level status during (1)
the first 180 days of continuous active military service or (1) the
first 180 days of continuous active service after a service break of
more than 92 days of active service. A member of a Reserve component
(RC) who is not on active duty or who is serving under a call or order
to active duty for 180 days or less begins entry-level status upon
enlistment in an RC. Entry-level status for such a member of an RC
terminates as follows: (1) 180 days after beginning training if the
member is ordered to active duty for training (ADT) for one continuous
period of 180 days or more; or (b) 90 days after the beginning of the
second period of ADT if the member is ordered to ADT under a program
that splits the training into two or more separate periods of active
duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the USAR on 16 April 1988 and entered IADT on
14 October 1988. She did not have split training. She was relieved
from IADT on 4 March 1989 after less than 180 days of continuous active
service.
2. The applicant’s characterization of service as uncharacterized was
appropriate considering the facts of this case. For the applicant’s
information, an uncharacterized discharge merely means that the Soldier has
not been in the Army long enough for his or her character of service to be
rated as honorable or otherwise. It is not meant to be a negative
reflection of the Soldier’s service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jtm___ __cd____ __rmn___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__John T. Meixell_____
CHAIRPERSON
INDEX
|CASE ID |AR20070013838 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20080214 |
|TYPE OF DISCHARGE |UNCHAR |
|DATE OF DISCHARGE |19890304 |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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