IN THE CASE OF:	  

		BOARD DATE:	        09 DECEMBER 2008

		DOCKET NUMBER:  AR20080013393 


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 (in two applications) requests, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty), item 24 (Character of Service) "Entry Level Status" on her DD Form 214 issued on 18 June 1985 be changed to "Honorable."

2.  The applicant states, in effect, that she works for the United States Postal Service and finished a buy-back of her military service for the period from 
22 January to 18 June 1985.  However, the 5 months that she completed during this period of service cannot be counted.  She needs an honorable characterization of service in order to be accredited with the 5 months she has already paid for. 

3.  The applicant provides her DD Form 214 in support of her two applications.

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's military records show that she enlisted in the United States Army Reserve (USAR) on 11 January 1985.  She entered active duty for training (ADT) on 22 January 1985, completed basic and advanced individual training, and was awarded military occupational specialty 76C (Equipment Records and Parts Specialist).  She was released from ADT on 18 June 1985, and reverted to her USAR Troop Program Unit status.  Item 24 of her DD Form 214 shows an entry of "Entry Level Status."  

3.  The applicant subsequently enlisted in the Regular Army on 29 January 1986 for a period of 3 years, but on 11 June 1987, she was honorably released from the Regular Army due to pregnancy and transferred to the USAR Control Group. She reentered active duty in the Active Guard and Reserve program on 12 July 1992.  She remained on active duty until she was discharged for unsatisfactory performance on 2 April 2003.

4.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, guidance on the preparation of the DD Form 214.  For item 24, an entry of "Honorable"; "Under Honorable Conditions (General)"; "Under Other Than Honorable Conditions"; "Bad Conduct"; "Dishonorable"; or "Uncharacterized" will be entered.  An entry of "Uncharacterized" is appropriate for Soldiers in an entry level status.  Entry Level Status is defined as the first 180 days of continuous active duty.

5.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214, item 24, "Entry Level Status" should be changed to show "Honorable."

2.  As the applicant was in an entry level status at the time of her release from ADT on 18 June 1985, her DD Form 214 correctly does not state that her characterization of service was honorable.  The fact that she was subsequently honorably discharged does not imply that an error or injustice occurred in the preparation of her DD Form 214.
3.  However, her DD Form 214 incorrectly has an entry of "Entry Level Status" in item 24, which is not an authorized entry.  Therefore, it would be appropriate to administratively correct this to an entry of "Uncharacterized."

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

5.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  __X______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by correcting item 24 of her DD Form 214 that was issued on 18 June 1985 to show the entry "Uncharacterized." 




      _______ _   XXX_______   ___
               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)                                         AR20080013393



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080013393



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1