| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: In effect, that his “Uncharacterized” service be changed to honorable or under honorable conditions (general).
APPLICANT STATES: In effect, that he believes his uncharacterized discharge was unjust, that it was given to him without an explanation, and that the U.S.A. Handbook and his commanding officer told him that 6 months after his separation from military service his discharge would be upgraded. In support of his request the applicant submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), and a letter of support from his brother.
EVIDENCE OF RECORD: The applicant's military records show:
On 12 September 1991, he enlisted in the Army Reserve for a period of 8 years. He was ordered to initial active duty for training (IADT) for 33 weeks with a report date of 18 February 1992.
On 20 May 1992, he was relieved from Dental Specialist (Basic) Course for academic deficiency.
On 9 June 1992, the applicant’s commander notified him that he was initiating action to separate him under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level status, with an uncharacterized discharge. The reason for his commander’s action was the applicant’s failure to successfully complete military occupational specialty (MOS) training, also his parent unit had no other MOS available.
On 24 June 1991, the applicant authenticated a statement with his initials and signature in which he waived legal counsel, acknowledged that he understood the basis for his commander’s action, and the rights available to him. He elected not to submit statements in his own behalf, and requested an immediate discharge.
On 26 June 1992, the appropriate separation authority approved the applicant’s discharge under the provisions of Army Regulation 635-200, chapter 11, with an entry level separation, and determined that further rehabilitation and training would not be in the best interest of the U.S. Army.
On 10 July 1992, the applicant was discharged under the provisions of the above cited regulation. His DD Form 214 indicates he had 4 months and 23 days of active service.
The DD Form 214 issued to him at the time of separation and authenticated by him with his signature appropriately indicates his “Entry Level Status” separation and “Uncharacterized” service.
On 21 March 2001, the Army Discharge Review Board denied the applicant’s request for an upgrade of his characterization of service.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 of that regulation provides for the separation of personnel in an entry level status for unsatisfactory performance or conduct as evidenced by inability, lack of reasonable effort or a failure to adapt to the military environment. These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty. An uncharacterized separation is mandatory under this chapter.
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. The applicant's administrative separation was accomplished in compliance with applicable regulations. The applicant was in entry level status when he was separated from IADT and his service was appropriately uncharacterized.
2. There is no evidence in the available records to demonstrate that the applicant was the victim of arbitrary or capricious actions on the part of his chain of command. On the contrary the record supports that the applicant was adequately advised of his rights and given the opportunity for legal counsel. There is no evidence that shows there was a handbook or that the applicant was told that 6 months after his separation from military service his discharge would be upgraded.
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 to show that there was an error or injustice in this case.
4. 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
__FNE __ __BJE___ __REB__ DENY APPLICATION
| CASE ID | AR2002070979 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020418 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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