APPLICANT REQUESTS: That his uncharacterized discharge be changed to an honorable discharge.
APPLICANT STATES: In effect, that he had no performance or conduct problems. He wants to reenlist but his DD Form 214 shows a bar to reenlistment.
EVIDENCE OF RECORD: The applicants military records show:
He was born on 27 June 1962. He completed 16 years of formal education. On 28 June 1995, he entered the Delayed Entry Program. On 11 October 1995 he enlisted, in pay grade E-4, in the Regular Army for 6 years. He did not complete basic training.
On 16 January 1996, the applicants company commander at the Defense Language Institute English Language Center recommended the applicant be separated from the service for failure to adapt socially and emotionally to military life.
On 16 January 1996, the applicant acknowledged the basis for the separation action, declined the opportunity to consult with counsel, declined to submit a statement in his own behalf, acknowledged that he did not feel that any amount of counseling would allow him to overcome the deficiencies forming the basis for the separation action, requested immediate discharge and understood that he would be ineligible to apply for enlistment for a period of 2 years after his discharge.
The appropriate commander approved the recommendation, directed that the applicant not be transferred to the Individual Ready Reserve and, as this was an entry level separation, that no discharge certificate be furnished.
On 31 January 1996, the applicant was discharged, in the pay grade of E-4, under the provisions of Army Regulation 635-200, Chapter 11, entry level status performance and conduct. He had completed 3 months and 20 days of creditable active service and had no days lost time.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention. The following conditions are illustrations of conduct that does not qualify for retention: cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service. An uncharacterized description of service is required for soldiers in an entry level status.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. 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 the aforementioned requirement.
2. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
3. The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case.
4. The applicants Reentry Code of RE-3 was appropriate; however; it does allow him to reenlist, provided he receives a waiver of disqualification.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Loren G. Harrell
Director
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