IN THE CASE OF:
BOARD DATE: 31 March 2009
DOCKET NUMBER: AR20080010624
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that her uncharacterized discharge be upgrade to an honorable discharge.
2. The applicant states, in effect, that her uncharacterized discharge be changed from an uncharacterized to honorable so she can receive the 4th of July holiday offered to military Reservists who are employed by the New York City Department of Corrections.
3. The applicant provides a copy of a DA Form Number 20 (Honorable Discharge) and a copy of orders discharging her from the US Army Reserve (USAR) in support of her application.
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's record shows she enlisted in the United States Army Reserve (USAR) for a period of 8 years. On 24 August 1990, she was ordered to active duty for the purpose of completing initial active duty for training (IADT).
3. On 4 January 1991, the applicant was relieved from ADT and transferred to the 618th Support Company, 77th Army Reserve Command, after completing a total of 4 months and 11 days active military service.
4. The applicant's record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicants signature. Item 12b (Separation Date this Period) of the applicant's DD Form 214 shows she was separated from active duty on
4 January 1991. Item 23 (Type of Separation) show she was relieved from ADT. Item 24 (Character of Service) shows that her character of service was "uncharacterized". Item 25 shows that the applicant was released from ADT under the provisions of Chapter 4-2, AR 635-200, paragraph by reason of expiration term of service.
5. The applicant submitted a copy of Orders Number D-07-847828, US Army Reserve Personnel Command, St. Louis, MO, dated 28 Jul 1998, which shows she was discharged honorably from the USAR effective 29 July 1998.
6. The applicant submitted a copy of her discharge certificate from the USAR dated 29 July 1998.
7. Army Regulation 635-5 (Personnel Separation-Separation Documents) prescribes the separation documents that must be prepared for soldiers. It states, in pertinent part, that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge or release from Active Army.
8. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for separation of enlisted personnel. Chapter 4, in pertinent part, provides for the separation or release from active duty upon termination of enlistment and other period of active duty or active duty for training. Specifically, individuals of the USAR ordered to active duty who have completed less than 180 days of continuous active duty will have their service uncharacterized, even though they have completed IADT.
DISCUSSION AND CONCLUSIONS:
1. The applicant contention that her discharge should be upgrade from an uncharacterized to a honorable was carefully considered and found to be without merit.
2. The evidence of record shows that the applicant was in an entry level status at the time of her release from ADT on 4 January 1991. The evidence of record shows that she was properly issued a DD Form 214 for the period she was ordered to IADT. The evidence of record shows that the applicant had not completed 180 days of continued active service prior to her being transferred back to the USAR after the completion of her IADT. Therefore, her records are correct as currently constituted and there is no basis to change the applicant's character of service as requested.
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
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080010624
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