IN THE CASE OF:	  

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100008127 


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 that her uncharacterized service be changed to honorable service.

2.  The applicant states she suffered sexual trauma during initial active duty training (IADT) that ended on 19 August 1988; therefore, her characterization of service is unfair.  She adds she was unaware that her service was uncharacterized until her doctor at the Department of Veterans Affairs (VA) Medical Center pointed it out.

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and a VA Medical Center data sheet.

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) for a period of
8 years on 19 November 1986.

3.  Military Entrance Processing Station, Sioux Falls, SD, Orders 229-011, dated 19 November 1986, ordered the applicant to IADT on 1 July 1987 for a period of approximately 9 weeks or completion of initial "split" training.

4.  A Certificate of Training shows the applicant successfully completed Basic Entry Training on 4 September 1987.

5.  Military Entrance Processing Station, Sioux Falls, SD, Orders 159-013, dated 12 August 1987, ordered the applicant to IADT for advanced individual training (AIT) on 14 June 1988 for a period of approximately 8 weeks or completion of military occupational specialty (MOS) training.

6.  U.S. Army Training Center and Fort Jackson, SC, Orders 128-408, dated
5 July 1988, awarded the applicant primary MOS 76Y1O [Unit Supply Specialist].

7.  The applicant's DD Form 214 shows she entered active duty this period on
14 June 1988 and was released from IADT on 19 August 1988:

   a.  She was awarded MOS 76Y1O (Unit Supply Specialist).

   b.  At the time she had completed 2 months and 6 days of net active service this period; 1 month and 27 days of total prior active service; and 1 year,
4 months, and 29 days of total prior inactive service.

   c.  Item 24 (Character of Service) shows the entry "Uncharacterized."

8.  Headquarters, 96th U.S. Army Reserve Command, Fort Douglas, UT, Order 46-37, dated 5 May 1989, released the applicant from her USAR unit and reassigned her to the USAR Control Group (Annual Training) effective 1 May 1989.  The additional instructions of the orders show her character of service was "honorable."

9.  U.S. Army Reserve Personnel Center, St. Louis, MO, Orders D-11-401203, dated 22 November 1994, honorably discharged the applicant from the USAR effective 22 November 1994.

10.  The applicant's military treatment records are not available for review.

11.  In support of her request, the applicant provides a copy of her DD Form 214 and a VA Medical Center data sheet, both showing the period of active duty service from 14 June through 19 August 1988.  The DD Form 214 shows her service was "uncharacterized" while the VA data sheet shows "honorable."

12.  Army Regulation 635-200 (Personnel Separations - Enlisted Separations), in effect at the time, set forth the basic authority for the separation of enlisted personnel:

   a.  Chapter 3, paragraph 3-7 (Types of administrative discharges/character of service), provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted [emphasis added].

	b.  The Glossary, section II (Terms), states that for Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first
180 days of continuous active duty following a break of more than 92 days of active military service.  For Reserve Component Soldiers, entry-level status begins upon enlistment in the Army National Guard or U.S. Army Reserve:

	    (1)  For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.

	    (2)  For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II (AIT).  Soldiers completing Phase I (Basic Training or Basic Combat Training) remain in entry level status until
90 days after beginning Phase II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her uncharacterized period of service should be changed to honorable because she suffered sexual trauma during her IADT and the characterization of her service is unfair.

2.  The governing regulation provides that a separation will be described as an entry-level separation with service uncharacterized if separation occurs while a Soldier is in an entry-level status (i.e., has completed no more than 180 days of active duty).  For Soldiers ordered to IADT in a split training option, entry-level status terminates 90 days after beginning Phase II (AIT):  

	a.  The applicant initially entered "split" training IADT on 1 July 1987.  She completed basic entry training and was credited with completing 1 month and
27 days (i.e., 57 days) of active service.

	b.  She was ordered to IADT for AIT [Phase II] on 14 June 1988:

	    (1)  She completed MOS training, was released from IADT on 19 August 1988, and was credited with completing 2 months and 6 days (i.e., 66 days) of net active service during this period.

	    (2)  The evidence shows the applicant had not completed 90 days of active service after beginning Phase II (AIT).

	c.  Thus, records confirm the applicant was in an entry-level status and her character of service for the period of service under review is correctly recorded as "uncharacterized."  Therefore, she is not entitled to correction of the character of service recorded in item 24 of her 19 August 1988 DD Form 214.

3.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army or on active duty long enough for his or her character of service to be rated as honorable or otherwise.  

4.  Records show the applicant was honorably discharged from the U.S. Army Reserve on 22 November 1994 which serves to support the honorable character of service in the VA data base.

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)                                         AR20100008127



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ABCMR Record of Proceedings (cont)                                         AR20100008127



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