IN THE CASE OF: BOARD DATE: 5 March 2020 DOCKET NUMBER: AR20180002412 APPLICANT REQUESTS: in effect, creation of a DD Form 214 (Certificate of Release or Discharge from Active Duty) showing her characterization of service as honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders 07-355-00017, dated 21 December 2007 * Orders 08-210-00013, dated 28 July 2008 * Orders 12-019-00072, dated 19 January 2012 * DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States) * DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States * a memorandum, 4 April 2007 * Standard Form 86 (Authorization for Release of Medical Information) * Electronic Questionnaire for Investigations Processing (e-Quip), dated 4 May 2007 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states she joined the Army in April 2007, went to basic military training and finished high school to obtain her diploma and move forward with advanced individual training (AIT). Before school finished she received orders for AIT that conflicted with her graduation date, which would have prevented her from receiving her diploma. Her recruiter cancelled her orders and after graduation, she reported to a U.S. Army Reserve (USAR) unit in Florida. She served 6 years as their Human Resources Specialist; however, she never went to AIT because the unit never had any money to send her. Through no fault of her own, she ultimately separated from the organization with an uncharacterized discharge. 3. The applicant enlisted in the USAR on 6 April 2007, for a period of 8 years. 4. Evidence shows she attended active duty training (ADT) from 4 June 2007 to 11 August 2007, a period of 69 days. 5. On 21 December 2007, she was reassigned to a USAR unit in Birmingham, AL. 6. On 28 July 2008, she was reassigned to a USAR unit in Fort Lauderdale, FL. 7. The applicant performed ADT from 4 to 8 and 18 to 22 August 2008. There is no evidence of further active duty present in her official military personnel file. 8. On 19 January 2012, she was discharged from the USAR with an uncharacterized discharge. 9. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) states that a member of a Reserve component 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 a Reserve component. Entry-level status of such a member of a Reserve component terminates: 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 the beginning of 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. 10. The Department of Defense established the Uncharacterized Entry Level Separation on 1 October 1982. Entry-level status is defined as the first 180 days of continuous active duty or active duty for training. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, and regulatory requirements. The Board noted the facts presented above. The Board noted that the applicant did not meet the regulatory requirements for issue of a DD Form 214. Based on a preponderance of evidence, the Board determined that there was no error or injustice in the applicant’s uncharacterized discharged from the USAR. 2. After reviewing the application and all supporting documents, the Board found that relief is not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) states that a member of a Reserve component 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 a Reserve component. Entry-level status of such a member of a Reserve component terminates: c. 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more; or d. 90 days after the beginning of 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. 3. The Department of Defense established the Uncharacterized Entry Level Separation on 1 October 1982. Entry level status is defined as the first 180 days of continuous active duty or active duty for training. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180002412 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1