RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           26 February 2004                   
	DOCKET NUMBER:   AR2003090927

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. John T. Meixell		Member	
	Ms. Mae M. Bullock		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that her DD Form 214 (Certificate of Release or Discharge From Active Duty) for the period 14 August 1989 to 16 December 1989 be corrected to show her character of service as honorable vice uncharacterized.

2.  The applicant requests that her Certificate of Honorable Discharge, dated 12 August 1997, be corrected to show her last name as Pxxxxll vice Cxxxer.

3.  The applicant states that she successfully completed her military service honestly and faithfully and her DD Form 214 should reflect honorable service, not uncharacterized service.  She also states that she legally changed her last name on 6 May 1994 and provided the Army with the proper documentation to show her name had changed.

4.  The applicant provides:

a.  A 9 May 2003 letter to the ABCMR.

	b.  A copy of her DD Form 214.

	c.  A copy of a Certificate of Honorable Discharge, dated 12 August 1997.

	d.  A copy of an Army National Guard Certificate of Honorable Discharge, dated 8 August 1995.

	e. A copy of a Craven County, North Carolina Court Order and Certificate of Name Change, dated 6 May 1994.

	f.  A copy of NGB Form 22 (Report of Separation and Record of Service) for the period 8 January 1990 to 8 August 1995.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting corrections of errors or injustices which occurred on 16 December 1989 (DD Form 214) and 12 August 1997 (Honorable Discharge Certificate).  The application submitted in this case is dated 9 May 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  On 9 August 1989, the applicant enlisted in the U.S. Army Reserve (USAR) for 8 years.  She was ordered to active duty for initial active duty for training (IADT) for a period of approximately 17 weeks, effective 14 August 1989, at Fort Jackson, South Carolina.  She completed the training requirements and was awarded military occupational specialty (MOS) 94B (Food Service Specialist).

4.  The applicant's DD Form 214 shows that, on 16 December 1989, she was released from IADT under the provisions of Army Regulation 635-200, chapter 4, due to expiration term of service with an uncharacterized discharge.  She had completed 4 months and 3 days of active military service.  She was transferred to Company B, 339th Reception Battalion, Kingston Regional Airport, Kinston, North Carolina.

5.  On 7 January 1990, the applicant was separated from the USAR and on 8 January 1990, she enlisted in the North Carolina Army National Guard (NCARNG) for a period of 7 years, 7 months and 1 day, in MOS 94B, and in pay grade E-1.  She was assigned to the 694th Maintenance Company, New Bern, North Carolina.

6.  On 6 May 1994, the State of North Carolina issued the applicant an Order and Certificate of Name Change which ordered the change of her last name from Cxxxer to Pxxxxll.

7.  The applicant's NGB Form 22 (Report of Separation and Record of Service) shows she was honorably separated from the NCARNG on 8 August 1995 and issued an honorable discharge certificate.  The NGB Form appropriately shows the applicant's name change.

8.  On 12 August 1997, the applicant was issued an Honorable Discharge Certificate upon completion of her 8 year USAR service obligation.  The certificate was issued in the name that is shown in her initial enlistment contract.  The applicant's name change is not shown.  Her name is shown as it is shown on her enlistment contract in January 1990.

9.  Army Regulation 135-178 (Enlisted Administrative Separations) establishes the policies and procedures for the separation of enlisted personnel from the ARNG and the USAR.  Chapter 1-20, then in effect, provided for the discharge of a Solider that is in an entry-level status (ELS).  A Reserve component Soldier is in an entry-level status if ordered to IADT for one continuous period of training that is less than 180 days.  An honorable discharge is rarely ever granted for Soldiers in ELS.  A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  

10.  Army Regulation 635-200 (Enlisted Ranks Personnel), in effect at the time, establishes the policies and procedures for the separation of enlisted personnel upon the expiration of enlistment or fulfillment of service obligation.  Chapter 4-2 provides for discharge or release from active duty upon termination of enlistment and other periods of active duty or active duty for training.  The service of ARNG and USAR Soldiers who complete a period of IADT while in an entry-level status will be uncharacterized, even though the IADT was completed successfully.  

DISCUSSION AND CONCLUSIONS:

1.  Army polices in place at the time provide that the characterization of the applicant's IADT service be uncharacterized.

2.  Uncharacterized service simply means the applicant was in an entry-level status at the time she completed the period of IADT, even though the IADT was completed successfully.  This is not an adverse separation action and denotes only that the applicant had served less than l80 days on active duty.  

3.  On 6 May 1994, the applicant legally changed her last name.  Therefore, it would be appropriate to issue the applicant a new Honorable Discharge Certificate to replace the certificate issued by the USAR on 12 August 1997 to show her name change.

BOARD VOTE:

__aao___  __jtm___  __mmb___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the individual a new Honorable Discharge Certificate to replace the certificate issued on 12 August 1997 to show the individual's appropriate name change from Cxxxer to Pxxxxll.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the characterization of the individual's service on her DD Form 214 dated 16 December 1989. 

			Arthur A. Omartian
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003090927	
SUFFIX		
RECON		
DATE BOARDED	20040226	
TYPE OF DISCHARGE	(UNCHAR)	
DATE OF DISCHARGE	19891216	
DISCHARGE AUTHORITY	AR635-200, Chap 4	
DISCHARGE REASON	A99.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.	144.9900	
3.		
4.		
5.		
6.