IN THE CASE OF:	  

		BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110020911 


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 she received an honorable discharge vice an uncharacterized discharge.

2.  The applicant states she believes the record to be in error because she was given an honorable statement of service for the period of 25 August 1989 to 
16 January 1990 that lists her rank/grade as private first class (PFC)/E-3.  Additionally, her commander promoted her to the rank/grade of specialist (SPC)/E-4 on 16 February 1990.

3.  The applicant provides:

* DA Form 4187 (Personnel Action), dated 16 February 1990
* Statement of Military Service, dated 18 August 2010
* 2 Certificates of Appreciation
* Personal statement
* DD Form 214

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) on 23 December 1988 in the rank/grade of private (PV1)/E-1.  

3.  Her records contain Orders Number 244-24, issued by the Baltimore Military Entrance Processing Station (MEPS), Linthicum, MD, on 27 December 1988, ordering her to Initial Active Duty Training (IADT), for the purpose of completing basic combat and Advanced Individual Training (AIT).  She was directed to report to Fort Jackson, SC, on 25 August 1989.

4.  Her records contain Orders Number 199-316, issued by Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson SC, on 17 October 1989.  These orders directed her to report to Fort Lee, VA, on or about 3 November 1989 for the purpose of Attending AIT.  

5.  Her records do not contain a DA Form 4187 (Personnel Action) or orders promoting her to the rank/grade of PFC/E-3.  However, Order Number 199-316 shows a pen and ink correction changing her rank from private (PV2)/E-2 to PFC.

6.  Her DA Form 2-1 (Personnel Qualification Record) shows she was promoted as follows:

* PV1- 23 December 1988
* PV2- 22 August 1989
* PFC - no entry
* SPC - 16 February 1990

7.  On 16 January 1990, she was released from active duty training in the rank/grade of PV1/E-1 and her date of rank was listed as 23 December 1988.  Her DD Form 214 shows she completed 4 months and 22 days of net active service.  Her character of service was listed as uncharacterized.  

8.  Army Regulation 600–8–19 (Enlisted Promotions and Reductions) in effect at the time, states that Army National Guard (ARNG) and USAR Soldiers on IADT will not be advanced to SPC unless concurrence is obtained from the soldier’s Reserve Component unit.  The regulation further states that the effective date of advancement will not be earlier than the date the soldier is eligible.  Advancement to PFC requires 12 months Time in Service (TIS); however 6 months TIS may be waived and 4–months Time in Grade (TIMIG), of which, 2 months may be waived.

9.  Chapter 3 of Army Regulation 635-200 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 conditions 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.

	a.  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 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.

	b.  Paragraph 4-2h, in effect at the time, states ARNG and USAR Soldiers who successfully complete a period of IADT to which ordered, and in whose cases the special conditions set forth in paragraph 16-9 do not apply, will out-process per AR 612-201. The service of soldiers specified in this paragraph who are in entry level status will be uncharacterized, even though they have completed their ADT successfully.

	c.  For ARNG and USAR soldiers, entry level status begins upon enlistment in the ARNG or USAR. It terminates for Soldiers ordered to IADT for one continuous period-180 days after beginning training or for Soldiers ordered to IADT for the split or alternate training option-90 days after beginning Phase II (AIT). 

DISCUSSION AND CONCLUSIONS:

1.  With regard to the rank/grade of E-1 recorded on the applicants DD Form 214; she enlisted in the USAR as a PV1 on 23 December 1988 and was promoted to PV2 on 22 August 1989.  At the time of her promotion to PV2 she had 7 months and 28 days TIS.  Without the advantage waivers for TIS or TIG she would have been eligible for promotion to PFC on 23 December 1989.  
2.  Additionally, evidence shows her company commander promoted her to SPC on 16 February 1990.  Therefore, it is logical to presume she held the rank of PFC before that promotion.  Since there is no evidence of waivers being granted or promotion being denied it is reasonable to conclude that she was promoted to the grade/rank of PFC/E-3 on 23 December 1989.  As such, she is entitled to have her DD Form 214 corrected to show this rank/grade and date of rank.

3.  According to Army regulation a USAR Soldier's entry level status begins the day they enlist and ends after they have been ordered to IADT for a continuous period of 180.  The 180 day clock begins on the first day of training.  Additionally, the characterization of service for USAR Soldiers who successfully complete a period of IADT and are in entry level status is uncharacterized. 

4.  She was a USAR Soldier who was ordered to IADT to complete basic combat and advanced individual training.  She completed 142 days of net active service and was; therefore, considered to be in an entry level status, as such, an uncharacterized discharge was warranted. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the following entries from her DD Form 214 in:

* item 4a (Grade, Rate or Rank) - PV1
* item 4b (Pay Grade) - E-1
* Item 12h (Effective Date of Pay Grade) - 23 December 1988

* adding the following entries to her DD Form 214 in:

* item 4a - PFC
* item 4b - E-3
* Item 12h - 23 December 1989

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to change her characterization of service.



      _______ _   __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)                                         AR20110020911





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ABCMR Record of Proceedings (cont)                                         AR20110020911



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