RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         19 July 2006
      DOCKET NUMBER:  AR20050017907


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Donald L. Lewy                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his uncharacterized discharge
be upgraded to an honorable discharge.

2.  The applicant states, in effect, he was told after 6 months his
discharge would be changed to honorable and he is assuming this information
was fact.

3.  The applicant provides his separation document (DD Form 214) in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 12 January 1987, the date of his separation.  The
application submitted in this case is dated 8 December 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 17 July 1986.

4.  On 30 November 1986, the applicant underwent a mental evaluation at the
community health service, Fort Leonard Wood, Missouri.  The examining
Psychiatrist determined the applicant had a personality disorder due to
immaturity, and recommended his separation due to his inaptitude, apathy,
and inability to expend efforts constructively.

5.  On 22 December 1986, the unit commander notified the applicant that he
was initiating action to discharge him due to a personality disorder that
was not amenable to treatment, and that he was recommending his service be
"Uncharacterized".

6.  The applicant acknowledged receipt of the separation notification and
on
31 December 1986, he completed an election of rights.  In it, he
acknowledged that before he completed the form, he was afforded the
opportunity to consult with counsel and he declined this opportunity.  He
waived consideration of and personal appearance before an administrative
separation board, and elected not to submit a statement in his own behalf.


7.   On 9 January 1987, the separation authorized approved the applicant's
separation due to a personality disorder and directed that he receive an
Uncharacterized Entry Level Separation (ELS).  On 12 January 1987, the
applicant was discharged accordingly.  The DD Form 214 he was issued shows
he was separated under the provisions of paragraph 5-13, by reason of
Personality Disorder after completing a total of 5 months and 26 days of
active military service.  Item 24 (Character of Service) contains the entry
"Entry Level Status".

8.  There is no indication in the record that the applicant petitioned the
Army Discharge Review Board (ADRB) for a change to his discharge within the
ADRB's 15-year statute of limitations.

9.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Paragraph 3-9 contains guidance on ELS
separations.  It states, in pertinent part, that a separation will be
described as entry-level with service "Uncharacterized" if at the time
separation action is initiated, the Soldier has less than 180 days of
continuous active duty service.  Paragraph 5-13 contains guidance on
separation for personality disorder.  It states, in pertinent part, that
the service of a Soldier separated per this paragraph will be characterized
as honorable unless an entry-level separation is required under chapter 3.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter
2 contains item-by-item preparation instructions for the DD Form 214.  It
states that Item 24 will contain one of the following entries:  Honorable,
Under Honorable Conditions (General), Under Other Than Honorable
Conditions, Bad Conduct, Dishonorable, or Uncharacterized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was told his discharge would become
honorable after 6 months was carefully considered.  However, there is
insufficient evidence to support this claim.  The Army has never had a
policy that provided for an automatic upgrade of discharges.  A discharge
can be upgraded only through action by the ADRB or this Board if either
concludes the discharge was improper or inequitable.  No such condition
appears to be present in this case.

2.  By regulation, a member separated by reason of personality disorder
while still in an ELS will receive and "Uncharacterized" description of
service.  The evidence of record confirms the applicant's separation
processing was accomplished in accordance with the applicable regulation.
All requirements of law and regulation were met, and his rights were fully
protected throughout the separation process.

3.  The record confirms the applicant was separated while in an ELS.  A
Soldier is in an ELS, or probationary period, for the first 180 days of
continuous active duty.  An honorable discharge may be granted only in
cases that are clearly warranted by unusual circumstances involving
outstanding personal conduct and/or performance of duty.  There are no such
circumstances present in the applicant’s record.  As a result, a change to
the characterization of his service is not warranted.

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.  The evidence does show an erroneous entry of "Entry Level Status" was
made in Item 24 of the applicant's DD Form 214.  Although the applicant was
separated while in an ELS, the entry in Item 24 should have been
"Uncharacterized", as indicated in the governing regulation.  This is an
administrative error that does not require action by the Board.  Therefore,
the applicant’s records will be corrected by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph
3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JEV__  __BJE __  ___DLL _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned by deleting the current entry in Item 24 of his DD
Form 214 and replacing it with the entry "Uncharacterized"; and by
providing him a correction to the separation document that reflects this
change.




                                  _____James E. Vick______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017907                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/07/19                              |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |1987/01/12                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |PerDisorder (ELS)                       |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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