IN THE CASE OF:	  

		BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130013011 


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 National Guard Bureau (NGB)         Form 22 (Report of Separation and Record of Service) to show her character of service as honorable vice uncharacterized in order to secure benefits.

2.  The applicant states:

   a.  She was very active in sports before she joined the Army National Guard and she would have finished her enlistment, but she was hindered by injuries.    She was still able to pass all of her fitness tests and qualified with grenades and the rifle.  In addition, she never missed any drills and attended all training.

   b.  Even though she did not finish her enlistment, she left the Army a better person and she still carries herself to a higher standard.  Both of her grandfathers and her brother were a part of the military, so it is a family tradition.  Unfortunately, it wasn't destined for her, but she feels her time spent was honorable.   

3.  The applicant provides:

* NGB Form 22
* a letter
* Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim)
* 2 pages of electronic mail
* a self-authored statement
* 6 DA Forms 5181-R (Screening Note of Acute Medical Care)
* DA Form 4700 (Medical Record - Supplemental Medical Data)
* Standard Form 600 (Chronological Record of Medical Care)

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 complete facts and circumstances of her discharge from the Indiana Army National Guard (INARNG) are not available for review with this case.  Likewise, her ARNG records are not available for review with this case.  However, she provides an NGB Form 22 that shows she enlisted in the INARNG on 6 April 1997 and performed initial active duty training (IADT) from 22 June through 22 August 1997, for basic combat training.  

3.  She was discharged on 1 September 1998, in accordance with National Guard Regulation 600-200 (Enlisted Personnel Management) for failing to meet the medical procurement standards of Army Regulation 40-501 (Standards of Medical Fitness), chapter 2, prior to entry on IADT.  She received an uncharacterized characterization of service.

4.  There is no evidence in the applicant's records and she provides insufficient evidence to show she completed 180 days of continuous active military service in order to receive a characterization of her service.

5.  On 7 May 2013, the Adjutant General of the INARNG notified the applicant that her petition for correction of her NGB Form 22 was considered, but it was denied.  

6.  The applicant provides evidence which shows she sought medical care on:

* 7 July 1997, for an ankle injury
* 8 July 1997, for a bone scan
* 14 July 1997, for a sore throat, cough, and hurting in her chest
* 15 July 1997, for a physical therapy ankle evaluation
* 21 July 1997, for a follow-up appointment for her grade I ankle sprain
* 3 August 1997, for right knee and shin pain
* 15 August 1997, for shin splints and a chest problem

7.  National Guard Regulation 600-200 establishes standards, policies, and procedures for the management of ARNG Soldiers.  Paragraph 8-26b(3) provided for the discharge of ARNG enlisted Soldiers who failed to meet medical procurement standards of Army Regulation 40-501, chapter 2, prior to entry on IADT.

8.  Army Regulation 135-178 (Army National Guard and Army Reserve - Separation of Enlisted Personnel) establishes policies, standards, and procedures governing the administrative separation of enlisted Soldiers
from the Army National Guard of the United States and the U.S. Army Reserve.  Paragraph 1-17c(2) provided for separation with an uncharacterized description of service for Soldiers in entry level status.  Entry level status is defined as the first 180 days of continuous active duty.  For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to
the initiation of separation proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The complete facts and circumstances surrounding the applicant's enlistment in and discharge from the INARNG are not available for review with this case.  However, she provides an NGB Form 22 that shows she was discharged from the INARNG on 1 September 1998, with an uncharacterized character of service.

2.  Evidence shows she performed IADT from 22 June through 22 August 1997 for basic combat training.  During the first 180 days of continuous active military service, a member's service is under review.  At the time of the applicant's completion of IADT regulations required a Soldier to have 180 days on active duty to have their service characterized.  There is no evidence in the applicant's records and she provides insufficient evidence to show she completed 180 days of continuous active military service in order to receive a characterization of her service. 

3.  An uncharacterized character of service is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated.  In light of the foregoing, there is insufficient evidence to grant 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)                                         AR20130013011





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ABCMR Record of Proceedings (cont)                                         AR20130013011



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