BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130016472 


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 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 believes she should have received an honorable discharge because the Army knew all along that she had a daughter.  Even her court documents for custody of her daughter stated that custody would be reinstated to her after she completed basic training.  Before she left the Barnes Building in Boston, MA, she listed her daughter on all the forms.  She is trying to better her life and has applied for jobs at Homeland Defense and the Boston Police Department.

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 enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 20 August 1997.  On 20 August 1997, she completed DD Form 1966 (Record of Military Processing – Armed Forces of the United States) at the Boston Military Entrance Processing Station wherein she initialed the blocks on the form to show she was single and had no dependents.

3.  Section IV (Certification) of this form stated, "I certify that the information given by me in this document is true, complete, and correct to the best of my knowledge and belief.  I understand that I am being accepted for enlistment based on the information provided on me in this document:  that if any of the information is knowingly false or incorrect, I could be tried in a civilian or military court and could received a less than honorable discharge which could affect my future employment opportunities."  She authenticated this form by placing her signature in the appropriate block on 20 August 1997.

4.  She was discharged from the DEP on 29 September 1997 and she enlisted in the Regular Army on 30 September 1997.  Her automated DD Form 1966, dated 30 September 1997, shows she was single and had no dependents.  She was assigned to the 43rd Adjutant General Reception Battalion, Fort Leonard Wood, MO, for basic training.

5.  On 2 October 1997, she completed a DD Form 93 (Record of Emergency Data) wherein she listed her daughter's name and address.  On that date, she also completed a Servicemen's Group Life Insurance Election form wherein she listed her daughter as the contingent beneficiary.

6.  On 2 October 1997, she was read her rights and notified she was suspected of having a fraudulent or erroneous enlistment.

7.  On 3 October 1997, she was notified by her immediate commander that separation action was being initiated against her under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 7, for an erroneous enlistment.  Her commander stated the applicant provided a sworn statement wherein she disclosed she had a dependent child and her recruiter told her she would only have to give up custody of her child while she was in basic training and advanced individual training.  Her commander also stated a separate investigation had been initiated into the alleged recruiting improprieties.

8.  On 6 October 1997, the applicant acknowledged receipt of the notification of the separation action and declined to seek legal counsel.  She acknowledged she understood the procedures and rights available to her and further acknowledged she understood she could receive a discharge under other than honorable conditions.  She elected not to submit a statement in her own behalf.

9.  On 7 October 1997, the separation authority approved the discharge action and directed the issuance of an entry-level (uncharacterized) discharge.  On 10 October 1997, she was discharged accordingly.

10.  Her DD Form 214 shows she was discharged by reason of erroneous entry with uncharacterized service.  She completed 11 days of net active service.

11.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  

	a.  Chapter 7 provided for discharge based upon erroneous enlistment when it was discovered that an individual's enlistment was erroneous because of failure to meet the qualifications for enlistment.

	b.  Chapter 3 provided that a separation would be described as entry level with uncharacterized service if the Soldier had less than 180 days of continuous active duty service at the time the separation action was initiated.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant entered active duty on 30 September 1997 and was discharged on 10 October 1997.  She completed 11 days of net active service.  As she was still in an entry-level status at the time of her discharge, she correctly received uncharacterized service.

2.  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 on active duty long enough for his or her character of service to be rated.

3.  In view of the foregoing, there is no basis for granting the applicant's 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 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)                                         AR20130016472



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ABCMR Record of Proceedings (cont)                                         AR20130016472



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