ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 October 2019 DOCKET NUMBER: AR20190005644 APPLICANT REQUESTS: an upgrade of her uncharacterized discharge to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States). FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 was medically discharged due to an injury she received in basic training. 3. The applicant enlisted in the U.S. Army Reserve (USAR) on 19 May 1989. As a split option Soldier, she completed basic combat training, then entered active duty for training in her military occupational specialty on 24 May 1990. 4. On 13 June 1990, after consideration of the applicant's clinical records, laboratory findings, and physical examination, a Medical Evaluation Board diagnosed the applicant with a stress fracture of the right pelvis which was deemed medically unacceptable in accordance with Army Regulation 40-501 (Standards of Medical Fitness). The applicant agreed with the board's findings and recommendations and she was subsequently referred to a Physical Evaluation Board (PEB). 5. On 27 June 1990, the PEB found the applicant unfit for a stress fracture of the right pelvis and rated it at 10 percent. The applicant was counseled on the PEB findings and her rights to a formal hearing, and on 5 July 1990, she concurred with the PEB findings and waived her right to a formal hearing. 6. On 25 July 1990, she was discharged with an uncharacterized characterization of service, under the provisions of chapter 4 of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of physical disability with entitlement to severance pay. The DD Form 214 she was issued shows she completed 4 months and 2 days of total active service. 7. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of her discharge within its 15-year statute of limitations. 8. 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 Active Duty 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 Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty. 9. During the first 180 days of continuous active military service, a member's service is under review. When initiation of separation is within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable conditions discharge. An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and it is approved by the Secretary of the Army. 9. 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. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant’s statement, her record and length of service, her MEB findings and the outcome of a PEB and the reason for her separation. The Board found the applicant was a USAR Soldier still in an entry-level status at the time of her separation processing; she did not complete MOS training. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was 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: 7/29/2020 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Chapter 4, in pertinent part, provides for the separation or release from active duty upon termination of enlistment and other period of active duty or ADT. Specifically, individuals of the USAR ordered to active duty who have completed less than 180 days of continuous active duty will have their service uncharacterized, even though they have completed initial ADT.