IN THE CASE OF:	  

		BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120009272 


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 item 24 (Character of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her character of service as honorable vice uncharacterized.

2.  The applicant states she was originally granted a general discharge due to personal reasons and advised if she completed her term with the Individual Ready Reserve (IRR) she would be given an honorable discharge.  She does recall receiving an Honorable Discharge Certificate but is unable to locate it due to her divorce.  She served her time in the IRR and would like her DD Form 214 to reflect the fact that her discharge was honorable.

3.  The applicant provides no additional evidence.

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's records show she enlisted in the Regular Army on 19 September 1983.  She was assigned for basic combat training (BCT) to the 8th Battalion, 2nd BCT Troop Brigade, Fort Jackson, SC.

3.  On 28 November 1983, she notified her drill sergeant that she wanted to be released from the Army under the Trainee Discharge Program (TDP).  She stated she didn't think she could make it through any more of the "hassle" and she never liked the military.

4.  On 4 and 5 December 1983, respectively, she was counseled by her drill sergeant for failing to be at her appointed place of duty and failing to obey a lawful order.

5.  On 12 December 1983, she was notified by her immediate commander of the commander's intent to initiate separation action against her under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, entry level status performance and conduct - TDP because she could not adapt socially or emotionally to the military way of life.  He further stated he was recommending she be released from active duty for transfer to the IRR.

6.  On 12 December 1983, she acknowledged receipt of the separation action being initiated against her under the provisions of Army Regulation 635-200, chapter 11.  She also acknowledged that she understood if the separation action was approved she would receive an entry level separation with uncharacterized service.  (emphasis added)  She was advised of the effect on future enlistment in the Army and of the procedures and rights that were available to her.  She waived her right to consult with legal counsel and declined to submit a statement in her own behalf.

7.  The separation authority subsequently approved the applicant's separation action under the provisions of Army Regulation 635-200, chapter 11 with an entry level separation.   On 22 December 1983, she was discharged accordingly.

8.  The DD Form 214 she was issued shows she was released from active duty under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level status performance and conduct with an uncharacterized service.  She was transferred to the IRR.  She completed 3 months and 4 days of net active service.  She authenticated this form by placing her signature in the appropriate block.

9.  Orders D-09-078609, dated 13 September 1989, issued by the U.S. Army Reserve Personnel Center, honorably discharged her from the IRR effective 16 September 1989.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated.  Paragraph 11a, of the version in effect at the time, provided for the separation of personnel due to unsatisfactory performance, conduct, or both, as evidenced by inability while in an entry level status.  To retain potential mobilization assets, only those members with no potential to meet mobilization requirements will be discharged.  All personnel who have not completed their statutory service obligation and who meet certain criteria will be transferred to the IRR.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's separation action was initiated due to the fact that she could not adapt socially or emotionally to the military way of life.  As she was separated prior to her completing 180 days of active service, she was still in an entry-level status at that time.  Therefore, she correctly received an uncharacterized character of service.  

2.  The DD Form 214 is a synopsis of the Soldier's record of active Army service at the time of release from active duty.  Although the applicant was subsequently honorably discharged from the IRR, this only reflects her service in the IRR and does not alter the fact that her active duty service was appropriately uncharacterized.  

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)                                         AR20120009272





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ABCMR Record of Proceedings (cont)                                         AR20120009272



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