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ARMY | BCMR | CY2002 | 2002069086C070402
Original file (2002069086C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 9 May 2002
         DOCKET NUMBER: AR2002069086

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Stephanie Thompkins Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. John N. Slone Member
Ms. Terry L. Placek Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: Change in the characterization of her service from uncharacterized to honorable.

APPLICANT STATES: That uncharacterized inadvertently is a dishonorable discharge, and she just could not adapt due to extreme childhood abuse combined with verbal abuse. She also states that she would like to be able to write honorable discharge when disclosing her time of service in the Army.

EVIDENCE OF RECORD: The applicant's military records show:

She enlisted in the United States Army Reserve Delayed Entry Program on 4 June 1982.

She was enlisted in the Regular Army as a private, pay grade E-1, on 16 October 1982.

In February 1983, her command referred her for a mental status evaluation. The evaluation found the applicant not to be a good candidate for retention in the military service. She was psychiatrically cleared for any action deemed necessary by her command.

On 14 February 1983, her commander recommended separation action under the provisions of Army Regulation 635-200, chapter 11, Entry Level Status Performance and Conduct.

On 15 February 1983, she acknowledged the proposed separation action and elected not to consult with counsel and submit a statement in her own behalf. She also acknowledged that she would receive entry-level separation with uncharacterized service.

On 16 February 1983, she was counseled on the benefits of staying in the Army.
The applicant stated that she definitely wanted out of the Army as quickly as possible.

On 18 February 1983, the appropriate separation authority approved her separation for inability to adapt socially and emotionally to military life. It was directed that she be transferred to the USAR Individual Ready Reserve to complete her military obligation.

She was released from active duty on 23 February 1983, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 11, Entry Level Status Performance and Conduct. Her character of service was uncharacterized. She had a total of 3 months and 28 days net active service for this period. She was transferred to the USAR Control Group (Annual Training).

She was honorably discharged from the USAR, in pay grade E-1, effective 25 October 1988, based upon completion of her statutory service.

There is no evidence that she applied to the Army Discharge Review Board for a change in the characterization and/or the reason and authority for her discharge within its 15 statute of limitations.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11, paragraph 11-2a of that regulation, in effect at the time, provided, in pertinent part, for the separation of personnel who have completed no more than 180 days of creditable continuous active duty and have demonstrated that they are not qualified for retention because of unsatisfactory performance or conduct (or both). This policy applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service. Service will be uncharacterized for separation under the provisions of this chapter.

Paragraph 3-7 of this regulation provides that an honorable discharge is a separation with honor. 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 inappropriate.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In view of the circumstances in this case, the applicant is not entitled to a change of the characterization of her service. She has not shown error, injustice, or inequity for the relief she now requests.

2. The Board notes her contentions; however, they are not sufficiently supported by her records or her application. There is no error or injustice in her record. She was properly discharged in accordance with pertinent regulations, with due process. The uncharacterized service was and still is appropriate, and there is no basis for change. She clearly is not authorized a characterization of other than uncharacterized based on her brief period of service, her lack of qualification for an honorable or any other characterization, and based on her discharge for entry level status performance and conduct. She was advised of this during her counseling and separation proceedings.

3. The Board also notes that her description of uncharacterized as dishonorable service is incorrect. Under the circumstances in this case, the uncharacterized description simply infers uncharacterized service and not dishonorable service.

4. 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.

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

_jhl____ _tlp____ _jns____ DENY APPLICATION




                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002069086
SUFFIX
RECON
DATE BOARDED 20020509
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 110.00
2. A69.05
3.
4.
5.
6.


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