IN THE CASE OF:	  

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100011319 


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 the characterization of service on her U.S. Army Reserve (USAR) discharge orders be changed from "uncharacterized" to "honorable."

2.  The applicant states she believes her characterization of service is incorrect because she fulfilled her USAR contract by completing 6 years of active Reserve and 2 years of inactive Reserve.  She has also earned 552 points of qualifying Reserve service towards non-regular retirement.  The uncharacterized discharge is preventing her from being eligible for the Department of Veterans Affairs benefits specifically a home loan.  She attended her drills and annual training (AT) every year and therefore she has fulfilled her obligation.  

3.  The applicant provides a copy of her discharge orders, dated 12 May 1993; and a copy of a printout of retirement points. 

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 records show she enlisted in the USAR for a period of 8 years on 12 January 1987 and was subsequently assigned to Headquarters and Headquarters Company, 926th Engineer Battalion, Birmingham, AL.  

3.  Her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) stipulated she would be a member of a troop program unit (TPU) for a period of 6 years and a member of the Individual Ready Reserve (IRR) for the balance of her 8-year service obligation.  Furthermore, item 5e of her DA Form 3540/2 (Certificate and Acknowledgement of U.S. Army Reserve Service Requirements and Method of Fulfillment) contains the entry "I will be required to perform satisfactory participation in the Ready Reserve for a period of 8 years." 

4.  On 10 August 1987, she entered active duty for training (ADT).  She completed the training requirements and she was awarded military occupational specialty 71L (Administrative Specialist).  She was released from ADT to the control of her USAR unit on 15 December 1987.

5.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued shows he completed 4 months and 6 days of creditable active service and she was assigned an entry level status (uncharacterized) character of service.

6.  Her records show she was an active participant in her unit drills and AT from January 1987 through January 1993.  She earned the following points: 

From
To
Inactive
points
Active
points
Membership
Points
Total 
Points 
01/12/1987
01/11/1988
20
126
15
161
01/12/1988
01/11/1989
41
17
15
73
01/12/1989
01/11/1990
47
15
15
75
01/12/1990
01/11/1991
39
15
15
69
01/12/1991
01/11/1992
41
15
15
71
01/12/1992
01/11/1993
28
15
15
58
01/12/1993
01/11/1994
0
0
15
15
01/12/1994
01/11/1995
0
0
15
15
01/12/1995
01/11/1996
0
0
15
15

7.  The facts and circumstances surrounding her discharge from the USAR prior to completing her 8-year obligation are not available for review with this case.  However, her records contain Orders 58-2, issued by Headquarters, 121st USAR Command, Birmingham, AL, discharging her from the USAR on 12 May 1993 with an uncharacterized discharge under the authority of Army Regulation
135-178 (Separation of Enlisted Personnel), effective 12 May 1993.

8.  Army Regulation 135-178 prescribes policies, criteria, and procedures which apply to the separation of enlisted members of the Army National Guard and the USAR.  The version of the regulation in effect at the time stated the characterization of the discharge certificate issued upon administrative discharge will be based solely upon the enlisted member's behavior and performance of duty during the current period of service, when the member was either-
(1) Actually performing active duty, AT, ADT, or in active duty, or (2) Actively participating in or under an obligation to participate in Reserve activities, and the behavior relates directly to the member's Reserve status.  

9.  An honorable discharge is a separation from the U.S. States Army with honor. The issuance of an honorable discharge is conditioned upon proper military behavior and proficient and industrious performance of duty, giving due regard to the grade held and the capabilities of the member concerned. 

10.  An Uncharacterized Separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status except when a characterization of under other than honorable conditions is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines the characterization of service of Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her discharge orders should be corrected to show an honorable character of service.  

2.  The available evidence shows she completed a period of ADT during which she was awarded an MOS and upon release from active duty she was assigned an entry level status characterization of service.  Having completed less than the 180 days of military service her character of service was appropriately and accurately reflected as uncharacterized on her DD Form 214.


3.  Subsequent to her release from active duty, she was an active participant in her unit drills and/or annual training and accumulated at least 50 points (a good year) in each of the first 6 years of her enlistment.  However, the facts and circumstances surrounding her discharge on 12 May 1993, some 22 months prior to completing her statutory commitment (11 March 1995) are not available for review with this case.  It is unclear why she was not transferred to the IRR for the balance of her 8-year service obligation.  

4.  Although at the time of her discharge she was not in an entry level status and should not have been issued an uncharacterized discharge, in the absence of the facts and circumstances surrounding her discharge, it is unclear what character of service she should have received at the time.  Therefore, there is insufficient evidence to grant her the requested relief in this case.

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)                                         AR20100011319



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ABCMR Record of Proceedings (cont)                                         AR20100011319



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