RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 February 2008 DOCKET NUMBER: AR20070013838 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. Ms. Catherine C. Mitrano Director Mrs. Nancy L. Amos Analyst The following members, a quorum, were present: Mr. John T. Meixell Chairperson Ms. Carmen Duncan Member Ms. Rea M. Nuppenau Member 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 the characterization of her service be changed from uncharacterized to honorable. 2. The applicant states that she completed all of her basic and advanced individual training and served more than 90 consecutive days on active duty. She was not in any trouble. She should have received an honorable discharge. 3. The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States); a Record of Discharge from the U. S. Naval Reserve (Inactive); and her DD Form 214 (Certificate of Release or Discharge from Active Duty). 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 (USAR) on 16 April 1988. She entered initial active duty training (IADT) on 14 October 1988 and was relieved from IADT on 4 March 1989 after completing 4 months and 21 days of active service. 3. The applicant’s DD Form 214 for the period ending 4 March 1989 shows her character of service as uncharacterized. 4. Department of Defense Directive 1332.14 (Enlisted Administrative Separations) defines “entry-level status” as follows: Upon enlistment, a member qualifies for entry-level status during (1) the first 180 days of continuous active military service or (1) the first 180 days of continuous active service after a service break of more than 92 days of active service. 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 for such a member of an RC terminates as follows: (1) 180 days after beginning training if the member 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 member 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 enlisted in the USAR on 16 April 1988 and entered IADT on 14 October 1988. She did not have split training. She was relieved from IADT on 4 March 1989 after less than 180 days of continuous active service. 2. The applicant’s characterization of service as uncharacterized was appropriate considering the facts of this case. For the applicant’s information, an uncharacterized discharge merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. It is not meant to be a negative reflection of the Soldier’s service. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __jtm___ __cd____ __rmn___ 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. __John T. Meixell_____ CHAIRPERSON INDEX CASE ID AR20070013838 SUFFIX RECON DATE BOARDED 20080214 TYPE OF DISCHARGE UNCHAR DATE OF DISCHARGE 19890304 DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY Ms. Mitrano ISSUES 1. 110.00 2. 3. 4. 5. 6.