RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2008
	DOCKET NUMBER:  AR20070018137 


	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.


x

	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 entry level status uncharacterized discharge be changed to honorable.

2.  The applicant states that she completed basic training, advanced individual training, and Reserve drills.

3.  The applicant provides no additional documents in support of her application.

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 on 16 November 1988.  She was ordered to initial active duty for training (IADT) on 4 October 1989.  She completed basic training and advanced individual training and was awarded military occupational specialty 94B (cook).  

3.  She was released from IADT on 2 March 1990 under the provisions of Army Regulation 635-200, chapter 4 at the expiration of term of service.  Her service was characterized as entry level status uncharacterized.  She had 4 months and 29 days of creditable active service.  On the following date, she was transferred back to her Reserve unit.

4.  The applicant was discharged from the U.S. Army Reserve on 9 April 1990.

5.  Army Regulation 635-200 states that entry level status for Army National Guard and U.S. Army Reserve Soldiers begins upon enlistment in the Army National Guard or the U.S. Army Reserve.  The regulation states that entry level status terminates, for Soldiers ordered to IADT for one continuous period, 180 days after beginning training.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the U.S. Army Reserve in November 1988.  She was ordered to IADT on 4 October 1989 and was released from active duty on 2 March 1990 with service uncharacterized.  She was discharged from the 
U.S. Army Reserve on 9 April 1990.

2.  The applicant was in an entry level status at the time of her separation from active duty because she had served fewer than 180 days of active Federal service.  The determination that the applicant’s service was uncharacterized was in compliance with Army regulation governing separations of Soldiers while in an entry level status.

3.  Therefore, the applicant's DD Form 214 properly reflects her character of service as uncharacterized and there is no basis for granting her request.

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.





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          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.