BOARD DATE:	  28 January 2014

		DOCKET NUMBER:  AR20130008847 


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 her uncharacterized discharge from the U.S. Army Reserve (USAR) be changed to honorable or a general discharge.  

2.  The applicant states:

* she was unaware of all the consequences of accepting, agreeing to, and signing the form with an uncharacterized discharge
* she was young and did not fully understand
* she is now aware of veterans benefits, which she thought were for members of war
* she was told that one day of active service qualifies for veterans benefits
* an uncharacterized discharge doesn't benefit her   

3.  The applicant provides no additional documentary 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 was born on 24 November 1974.  She enlisted in the USAR on 10 February 1992 for a period of 8 years in pay grade E-3 under the alternate training program.  She was ordered to active duty for training (basic training) from 8 June to 13 August 1992.  

3.  In April 1993, she was ordered to initial active duty for training (IADT) for advanced individual training (AIT) for a period of 62 weeks.

4.  Records show on 7 November 1993 the applicant elected to delay her entry on IADT for training until her pregnancy was no longer a factor. 

5.  A memorandum, dated 7 September 1995, shows the applicant was notified of her pending USAR discharge under the provisions of Army Regulation 135-178 (Separation of Enlisted Personnel), chapter 5.  The memorandum states the reasons for the proposed action are:

* failure to notify the unit when she would have been available to ship to AIT
* she has been in the USAR for more than 2 years without obtaining a military occupational specialty  

6.  On 16 October 1995, she was discharged from the USAR under the provisions of Army Regulation 135-178, chapter 5, with an uncharacterized discharge.  

7.  Army Regulation 135-178 provides for the separation of enlisted personnel of the USAR and Army National Guard.  Chapter 5 (Entry Level Performance and Conduct) provides for the separation of Soldiers because of unsatisfactory performance or conduct (or both) while in an entry level status.  This separation policy applies to Soldiers who have completed no more than 180 days of continuous and creditable active military service on current enlistment by the date of separation.  Service will be described as uncharacterized if separation processing is initiated while a Soldier is in an entry level status.

8.  A member of a Reserve Component (RC) 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 an RC.  Entry-level status of such a member of an RC terminates (a) 180 days after beginning training if the Soldier is ordered to active duty for training (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.

9.  Army Regulation 135-178 states the honorable characterization of service is appropriate when the quality of the Soldier’s service generally meets the standards of acceptable conduct and performance of duty for military personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

10.  Army Regulation 135-178 states if a Soldier's service has been honest and faithful, it is appropriate to characterize that service under honorable conditions.  Characterization of service as general (under honorable conditions) is warranted when significant negative aspects of the Soldier’s conduct or performance outweigh positive aspects of the Soldier’s military record. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she was young and did not understand.  However, age is not a sufficiently mitigating factor.  Although she was 17 years of age when she enlisted in the USAR, she successfully completed basic training.  There is no evidence that indicates she was any less mature than other Soldiers of the same age who successfully completed their military term of service.

2.  Since she was in an entry-level status when she was discharged from the USAR in 1995, never having started AIT, her service was uncharacterized.  Therefore, there is no basis for granting her request.

3.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not served long enough for his or her character of service to be rated.

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)                                         AR20130008847





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ABCMR Record of Proceedings (cont)                                         AR20130008847



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