IN THE CASE OF: BOARD DATE: 13 January 2011 DOCKET NUMBER: AR20100015773 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 his entry level status (ELS) discharge be changed to an honorable discharge. 2. The applicant states the United States Postal Service used it as a basis for not hiring him for temporary employment. 3. The applicant provides no additional documentation to substantiate his request. 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 and entered basic training in the Regular Army on 5 September 1990 at the age of about 18 1/2 years. 3. He was formally counseled on 4 October 1990 about his poor performance and lack of progress in training and warned of the prospect of ELS if he did not improve. 4. A formal counseling statement, dated 9 October 1990, noted his continuing poor performance and lack of progress. Phase I testing had produced only four first time "Go" ratings while seven other tests had required 13 retakes. He had not completed Phase I and was referred to the 1st Sergeant with a recommendation for ELS. 5. On 10 October 1990 the applicant was formerly counseled for repeated failure to reach formations on time. This formal counseling record noted previous verbal counseling on "numerous occasions". 6. On 17 October 1990 he was notified of recommended separation for ELS. He was advised that he had the right to consult with counsel and to submit statements in his own behalf. 7. The applicant consulted with counsel and submitted a statement in which he contended that he had been inadequately counseled because his first formal counseling did not occur until 4 October, yet he was recommended for separation on October 9th. He contended that he had not had any discipline problems and requested retention. 8. The separation authority approved the recommendation and directed an uncharacterized separation due to entry level status. On 24 October 1990 the applicant was separated. He had 1 month and 24 days of creditable service. 9. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides for: a. separation with service characterized as honorable, general (under honorable conditions), or under other than honorable conditions. b. entry level status service will be uncharacterized [Emphasis added] and so indicated except when under other than honorable conditions is authorized and warranted by the circumstances of the case or an honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. c. Soldiers separated with less than 181 days of continuous active military service who have completed training and been awarded an MOS, and have reported for duty at a follow-on unit will also received an uncharacterized separation 10. Paragraph 3-7a of the regulation provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. 11. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. DISCUSSION AND CONCLUSIONS: 1. The applicant wants his ELS discharge changed to an honorable discharge because that will improve his employability. 2. The Board grants relief in cases of error or injustice. An applicant's employability is not normally a basis for changing a record. 3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement. 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. _______ 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) AR20100015773 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100015773 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1