RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 August 2007
      DOCKET NUMBER:  AR20070001839


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Ms. Rea M. Nuppenau               |     |Member               |
|     |Mr. Dennis J. Phillips            |     |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 her "Uncharacterized" discharge
be upgraded.

2.  The applicant states, in effect, she requires an upgrade of her
discharge in order to obtain medical treatment from the Department of
Veterans Affairs (VA).

3.  The applicant provides no additional documentary evidence in support of
her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 19 September 1990, the date of her discharge.  The
application submitted in this case is dated 3 September 2006.

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 she enlisted in the Regular Army and
entered active duty on 16 May 1989.  She completed basic training (BT) at
Fort Jackson, South Carolina, and was assigned to Fort Leonard Wood,
Missouri, to attend advanced individual training (AIT) for military
occupational specialty (MOS)
82B (Construction Surveyor).

4.  On 13 September 1989, the unit commander notified the applicant of the
intent to initiate action to separate the applicant based on her academic
failure.  The unit commander stated that the applicant had been given every
opportunity to complete training in both MOS 82B and MOS 62B, but she
lacked the motivation, self-discipline and desire to become a productive
Soldier.  The unit commander recommended an Entry Level Status (ELS)
separation.

5.  On 14 September 1989, the applicant acknowledged notification of the
action, and after being advised of her rights, she waived her rights in
writing.  The unit commander recommended the applicant's separation under
the provisions of chapter 11, Army Regulation 635-200.

6.  On 14 September 1989, the separation authority approved the applicant's
separated under the provisions of chapter 11, Army Regulation 635-200, by
reason of ELS unsatisfactory performance and conduct, and directed the
applicant's service be described as "Uncharacterized".  On 19 September
1989, the applicant was separated accordingly.  The separation document (DD
Form 214) she was issued at the time shows he was separated under the
provisions of paragraph chapter 11, Army Regulation 635-200, by reason of
ELS after completing a total of 4 months and 4 days of active military
service.  Item 24 (Character of Service) contains the entry
"Uncharacterized".

7.  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.

8.  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 "Uncharacterized" if at the time separation action is
initiated, the Soldier has less than 180 days of continuous active duty
service.  Chapter 11 provides for the separation of personnel due to
unsatisfactory performance, conduct, or both, while in an ELS.  An
uncharacterized service description is normally granted to Soldiers
separating under this chapter.  A general discharge is not authorized under
ELS conditions, and an honorable discharge is rarely ever granted.  An
honorable discharge may be given only in cases which are clearly warranted
by unusual circumstances involving outstanding personal conduct and/or
performance of duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that her discharge should be changed in
order for her to obtain medical treatment from the VA was carefully
considered.  However, although her current medical condition is
unfortunate, this factor is not sufficiently mitigating to support granting
the requested relief.

2.  The evidence of record confirms that separation action was initiated on
her while she was in an ELS, prior to her completing 180 days of continuous
active military service.  The record further shows that her separation
processing was accomplished in accordance with the applicable regulation.
All requirements of law and regulation were met and the rights of the
applicant were fully protected throughout the separation process.

3.  The record also shows the applicant's service was described as
uncharacterized as a result of her being 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.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 September 1989, the date of her
separation.  Therefore, the time for her to file a request for correction
of any error or injustice expired on 18 September 1992.  She failed to file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JCR  _  __RMN__  __DJP __  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.




                                  _____Jeffrey C. Redmann___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001839                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/09                              |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |1989/09/19                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ELS-Performance & Conduct               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1. 189   |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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