IN THE CASE OF:	  

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110000278 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her date of discharge as 23 September 1993, her characterization of service as honorable, and her rank as specialist, pay grade E-4.

2.  The applicant states she was discharged from active duty in September 1993.  Therefore, she contends her characterization of service should be honorable and her rank should be specialist, pay grade E-4. 

3.  The applicant provides copies of her DD Form 214; DA Form 4187 (Personnel Action) dated 13 June 1991; orders, dated 6 May 1993; and orders, dated 
28 September 1993.

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.  A DD Form 4 (Enlistment/Reenlistment Document), dated 8 June 1990, shows that the applicant enlisted in the U.S. Army Reserve (USAR) for 8 years, beginning in the rank of private, pay grade E-1.

3.  The applicant's DD Form 214 indicates that she entered active duty training (ADT) on 5 July 1990 in the rank of private, pay grade E-2.  She completed her initial training and was awarded military occupational specialty 76Y (Unit Supply Specialist).  She was released from ADT on 2 November 1990 and transferred to Company B, 2nd Battalion, 228th Tactical Aviation Regiment, located in Glenview, Illinois.  She had completed 3 months and 28 days of ADT.  Her service was designated as uncharacterized.

4.  Orders from Headquarters, 86th USAR Command show the applicant was ordered to active duty training (ADT), annual training (AT), or active duty special work (ADSW) as follows:

* Orders 038-034, dated 3 December 1990: 4 days ADSW for support arms inspection
* Orders 049-069, dated 19 December 1990: 4 days ADSW for support arms inspection
* Orders 078-131, dated 20 February 1991: 10 days ADT for marksmanship matches
* Orders 126-003, dated 13 April 1992: 12 days AT for unit training
* Orders 121-086, dated 6 May 1993: 14 days AT for unit training

5.  Records show the applicant was advanced in rank as follows:

* To private, pay grade E-2 on 5 July 1990
* To private first class, pay grade E-3 on 20 December 1990
* To specialist, pay grade E-4 on 20 June 1991

6.  Orders 122-123, 86th USAR Command, dated 28 September 1993, released the applicant from Company B, 2nd Battalion, 228th Tactical Aviation Regiment due to cogent personal reasons, and assigned her to the USAR Control Group (Reinforcement), effective the same day.

7.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

8.  Army Regulation 635-200 governs the policies and procedures for the separation of enlisted personnel.  It provides that USAR Soldiers who are ordered to ADT for one continuous period are in an entry level status for 180 days.  It further states that the character of service for members separated in an entry level status will be uncharacterized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show her date of discharge as 23 September 1993; her characterization of service as honorable; and her rank as specialist, pay grade E-4. 

2.  The evidence of record clearly shows that the applicant enlisted in the USAR and was ordered to ADT in July 1990.  She subsequently completed her initial training and was released from ADT on 2 November 1990, with less than 180 days of active duty service.  Because she was still in an entry level status, this period of ADT was properly determined as uncharacterized. 

3.  The evidence of record shows she was advanced to the rank of private, pay grade E-2 on 5 July 1990.  Her subsequent advancements in rank did not occur until after her release from ADT.  Therefore, her rank as recorded on her 
DD Form 214 appears to be correct.

4.  The evidence of record shows that on 28 September 1993 the applicant was released from her USAR unit and transferred to the USAR Control Group (Reinforcement) in an inactive status.  She was not discharged at this time from a period of active service that would have required issuance of a DD Form 214.   

5.  In view of the above, the applicant's request should be denied.

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)                                         AR20110000278





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ABCMR Record of Proceedings (cont)                                         AR20110000278



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