IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100021248 


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 character of service reflected on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be upgraded from "uncharacterized" to "honorable."

2.  She states, in effect, she was in the process of requesting to start a Military Buy Back (MBB) with the United States Postal Service (USPS) for time she served on active duty, when the USPS told her that her service needed to be characterized as honorable in order to participate in the program.  

3.  She adds, in effect, that if the Board is unable to change the characterization of her service to honorable to please provide supporting documentation explaining the reason for the disapproval. 

4.  She provided copies of:

* her DD Form 214
* a letter from the USPS

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.  On 11 July 1988, she enlisted in the U.S. Army Reserve for 8 years. 

3.  She was ordered to active duty for training (ADT) effective 28 September 1988.  Military orders show she completed basic combat and advanced individual training on 16 February 1989 and was awarded military occupational specialty 31K (Combat Signaler).   

4.  Her record contains a DA Form 2-1 (Personnel Qualification Record – Part II) that shows in item 35 (Record of Assignment), she was released from ADT on 
17 February 1989 and transferred to the 13th Psychological Operations (PSYOP) Battalion, Fort Snelling, MN as a drilling Reservist.   

5.  Her DD Form 214 shows in item 12c (Net Active Service This Period) that she completed 4 months and 20 days of active service for that period.  Item 24 (Character of Service) contains the entry "Uncharacterized."

6.  She provided a copy of a letter from the USPS, dated 26 January 2010.  This letter shows that the Human Resources Shared Service Center received her request to start a Military Buy Back for her active duty service from 28 September 1988 through 17 February 1989.  In order for her to be eligible for the program, her character of service needed to be listed as honorable.

7.  A review of the available records failed to show she ever applied to the Army Discharge Review Board for an upgrade of her discharge within that board's 
15-year statute of limitations.

8.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  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.  Personnel included are members of the Army National Guard of the United States and the United States Army Reserve after completing 90 days or more of continuous active duty training, full-time training duty, or active duty supports, and completion of initial active duty for training which resulted in the award of a military occupational specialty even though the active duty was less than 90 days.

9.  Army Regulation 635-200 (Enlisted Personnel), paragraph 3-9a(1), states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.

10.  Army Regulation 635-200 also states that a member of a Reserve component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve component.  Entry-level status of such a member of a Reserve component terminates:

	a.  180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more; or 

	b.  90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.  

11.  The Department of Defense established the Uncharacterized Entry Level Separation on 1 October 1982.  Entry level status is defined as the first 180 days of continuous active duty or active duty for training.

DISCUSSION AND CONCLUSIONS:

1.  Her DD Form 214 was prepared in accordance with Army Regulation 635-200.  Her records show she was ordered to ADT for 4 months and 20 days.  She had less than 180 days of ADT; therefore, her service was properly uncharacterized.

2.  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 long enough for his or her character of service to be rated as honorable or otherwise.  

3.  In view of the foregoing, there is no basis for granting the requested relief.







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)                                         AR20100021248





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ABCMR Record of Proceedings (cont)                                         AR20100021248



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