IN THE CASE OF:
BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130007420
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, in effect, correction of her records to characterize her service.
2. The applicant states:
a. She was released from basic training because she injured her ankle. She was unable to complete her physical training examination and she became overweight and depressed.
b. When she returned to the U.S. Army Reserve (USAR), she continued to suffer with depression and she was overweight. Her commander informed her that he was releasing her due to being overweight, having mental issues, and her ankle problems.
c. She knows she should not have been issued an entry-level discharge because she enlisted in 1989 and she was discharged in 1991.
d. She believes the records were incomplete and/or completed in error because she was not at her regular unit. Her unit was deployed in support of Operation Desert Storm.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* USAR discharge orders
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 USAR on 20 April 1989 for a period of 8 years. She was ordered to active duty for training (ADT) on 23 January 1990.
3. The applicant's records show she was hospitalized from 6 to 16 April 1990.
4. On 3 July 1990, she was released from active duty by reason of early release of Reserve Component personnel. Item 24 (Character of Service) of the DD Form 214 she was issued at the time of her release from active shows her service as "UNCHARACTERIZED."
5. On 16 September 1990, a flag was initiated against her for enrollment in the weight control program.
6. Her records are void of the specific facts and circumstances surrounding her discharge action. However, Headquarters, 5th U.S. Army, Orders 140-11, dated 24 July 1991, show she was discharged from the USAR effective 24 July 1991 under the provisions of Army Regulation 135-178 (Separation of Enlisted Personnel), chapter 5 (Entry Level Performance and Conduct), with an uncharacterized (entry-level status) separation.
7. Army Regulation 135-178 provides for the separation of enlisted personnel of the USAR and Army National Guard. Chapter 5 provides for the separation of Reserve Component Soldiers because of unsatisfactory performance or conduct (or both) while serving in an entry-level status.
8. A member of a Reserve Component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve Component. Entry-level status of such a member terminates:
a. 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more or
b. 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.
DISCUSSION AND CONCLUSIONS:
The applicant's contentions were carefully considered. However, in the absence of evidence to the contrary it must be presumed that her separation processing was administratively correct and in conformance with applicable regulations. The available evidence shows the applicant never completed basic training or began the second period of ADT for advanced individual training. As such, the applicant remained in an entry-level status and her service is properly uncharacterized.
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) AR20130007420
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ABCMR Record of Proceedings (cont) AR20130007420
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