RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 February 2008
DOCKET NUMBER: AR20070014773
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.
x
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, that her entry level status uncharacterized discharge be upgraded.
2. The applicant states, in effect, that her discharge should be upgraded because it was uncharacterized.
3. The applicant provides a copy of her NGB Form 22 (Report of Separation and Record of Service); her DD Form 214 (Certificate of Release or Discharge from Active Duty); her DA Form 3349 (Physical Profile); and her medical documents.
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 applicants 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 applicants 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 Alabama Army National Guard on 13 October 1988. She was ordered to initial active duty for training (IADT) on 27 October 1988.
3. The applicant was released from IADT on 27 December 1988 under the provisions of Army Regulation 635-200, paragraph 5-11 for failure to meet procurement medical fitness - no disability. Her service was characterized as entry level status uncharacterized. She had 2 months and 1 day of creditable active service. On the following date, she was transferred back to her Army National Guard unit.
4. The applicant was discharged from Army National Guard and as a Reserve of the Army on 8 March 1989.
5. 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 Army National Guard in October 1988. She was ordered to IADT on 27 October 1988 and was released from active duty on 27 December 1988 with service uncharacterized. She was discharged from the Alabama Army National Guard on 8 March 1989.
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 applicants 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
x______ x_____ x_____ 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.
x________
CHAIRPERSON
INDEX
CASE ID
AR20070014773
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20080226
TYPE OF DISCHARGE
UNCHAR
DATE OF DISCHARGE
19881227
DISCHARGE AUTHORITY
AR635-200, paragraph 5-11
DISCHARGE REASON
Failure to meet procurement medical fitness
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
110.0000
2.
3.
4.
5.
6.
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