IN THE CASE OF: BOARD DATE: 7 April 2011 DOCKET NUMBER: AR20100024458 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, that her U.S. Army Reserve (USAR) discharge status be changed from uncharacterized to honorable. 2. She states she completed and passed basic training per the Uniform Code of Military Justice. Her active duty basic training certificate is on file. She will receive a civilian position based on an honorable discharge. The uncharacterized discharge indicates there may be questionable reasons for hiring her. 3. She 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's military records show she enlisted in the USAR in pay grade E-1 on 17 January 1986 for 8 years. She was ordered to initial active duty for training (IADT) for approximately 17 weeks and 3 days or completion of basic and advanced individual training (AIT). She entered active duty on 4 March 1986 for basic training at Fort Jackson, SC. 3. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows she completed basic training. She reported to AIT on 10 May 1986. There is no evidence of record that shows she completed AIT. 4. All the facts and circumstances surrounding her discharge from the USAR are not present in the available records. However, her records contain a copy of Order 98-789 issued by the U.S. Army Training Center and Fort Jackson, SC, on 21 May 1986, discharging her from the USAR with an uncharacterized discharge effective 27 May 1986. 5. Army Regulation 135-178 (Army National Guard and USAR Enlisted Administrative Separations) states that 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. It provides that separation will be described as an entry-level separation with service uncharacterized if processing is initiated while a Soldier is in an entry-level status. It further states a member of a Reserve component 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 for such a member of a Reserve Component terminates as follows: 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 beginning 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: 1. The applicant requests her USAR discharge status be changed from uncharacterized to honorable because she will receive a civilian position based on an honorable discharge. 2. The evidence of record shows she enlisted in the USAR on 17 January 1986 and entered on IADT on 4 March 1986. She completed basic training and reported to AIT on 10 May 1986. There is no evidence she completed AIT. 3. Her record is void of the facts and circumstances which led to her discharge from the USAR. However, her record contains orders that show she was discharged from the USAR on 27 May 1996 with an uncharacterized discharge. 4. In accordance with pertinent regulations, the issuance of an uncharacterized discharge means she remained in an entry-level status at the time of separation because she served less than 180 days after beginning training. Therefore, her characterization of service was appropriately determined to be "uncharacterized." 5. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting her request for an honorable discharge. 6. Additionally, the ABCMR does not grant requests for an honorable discharge solely for the purpose of making the applicant eligible for employment. Every case is individually decided based upon its merits when an applicant requests a correction of his or her records. 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) AR20100024458 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100024458 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1