BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110009299
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 upgrade of her characterization of service on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 July 1986, from "Entry Level Status" to "honorable."
2. The applicant states she completed the required service and she was able to reenlist in the Regular Army (RA) with a waiver.
3. The applicant provides her DD Forms 214 for the periods ending 19 July 1986 and 22 April 1996.
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 applicants 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 applicants 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 February 1985.
3. She entered initial active duty for training (IADT) on 6 March 1986. She completed basic combat and advanced individual training and at the completion of training she was awarded military occupational specialty 94B (Food Service Specialist).
4. She was released from ADT to the control of her USAR unit on 19 July 1986 by reason of completion of IADT.
5. The DD Form 214 she was issued at the time of her release from IADT shows she completed 4 months and 14 days of active service. Item 24 (Character of Service) of this form shows the entry "Entry Level Status."
6. She was honorably discharged from the USAR on 29 January 1987.
7. She enlisted in the RA on 26 March 1987. She served through two reenlistments and she was honorably discharged from active duty on 22 April 1996.
8. Army Regulation 635-200 (Personnel Separations), in effect at the time, set forth the basic authority for the separation of enlisted personnel. Chapter 3 of that regulation describes the different types of characterization of service. It states in pertinent part that 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 characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. Entry level status begins on enlistment in the Army National Guard or the USAR and, for Soldiers ordered to initial ADT for one continuous period, ends 180 days after beginning training.
9. Army Regulation 635-200, paragraph 3-7a, 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 members 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.
DISCUSSION AND CONCLUSIONS:
1. During the first 180 days of continuous active military service, a member's service is under review. When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable conditions discharge. An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.
2. The entry-level separation is given regardless of the reason for separation. This uncharacterized discharge is neither positive nor negative; it is not "derogatory." It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.
3. The applicant received the appropriate character of service and he has provided no evidence to show it is in error or unjust. Therefore, there is no basis for granting his 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) AR20110009299
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