IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20120000459
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 uncharacterized discharges of 1990 and 2002 to honorable discharges.
2. The applicant states she believes her discharge was general and would like an honorable discharge. She is suffering from chronic debilitating pain due to her service in the Army National Guard (ARNG). She is requesting medical care from the Department of Veterans Affairs (VA).
3. The applicant provides copies of her 1990 DD Form 214 (Certificate of Release or Discharge from Active Duty), three 2011 medical documents, and a letter from the Social Security Administration.
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 ARNG on 27 January 1989 and was ordered to initial active duty for training (IADT) phase I on 7 June 1989. She completed basic training on 10 August 1989 and was released to her ARNG unit. No DD Form 214 was issued at this time.
3. She was ordered to IADT phase II to complete her military occupational specialty (MOS) training on 28 February 1990.
4. On 8 March 1990, she was reported as absent without leave. The date of her return to military control is not shown in the available records.
5. Her DD Form 214 for the period ending 27 March 1990 shows she was released from IADT without completion of her MOS training. Her service is shown as uncharacterized for this period of active duty.
6. A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows she was released from the ARNG with uncharacterized service on 28 March 1990 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for the remainder of her statutory obligation.
7. On 8 August 1991, she was discharged from the USAR in an entry-level status due to unsatisfactory participation.
8. There is no evidence of record to show the applicant had any subsequent service.
9. The applicant's service medical records do not show any illnesses or injuries while serving on active duty.
10. Army Regulation 635-200 (Personnel Separations) sets forth the policies and procedures for enlisted personnel separations.
a. 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. A general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
c. An uncharacterized separation will be initiated when a Soldier is released from IADT without completion of MOS training or discharged in an entry-level status.
d. For ARNG and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning phase II. Soldiers completing phase I or basic combat training remain in an entry-level status until 90 days after beginning phase II.
DISCUSSION AND CONCLUSIONS:
1. The applicant served on active duty for training only. She did not complete MOS training and, as such, her service is recorded as uncharacterized.
2. There is no evidence of record and she provided none to show she had service after 1990 that culminated in a 2002 discharge.
3. Based on the above facts, no relief is warranted.
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 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) AR20120000459
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ABCMR Record of Proceedings (cont) AR20120000459
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