RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2007
      DOCKET NUMBER:  AR20070005245


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 that her DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show her mother’s first name as
“Leslee.”  She also requests that her discharge be changed to a medical
discharge or that her characterization of service be changed to honorable.

2.  The applicant states she has disabilities because of service injuries.
They just pushed her out quickly.  They stated she could even get a medical
discharge or, after 2 years, an honorable discharge.

3.  The applicant provides a copy of her birth certificate, social security
card, driver’s license, and Florida identification card; an Identity Theft
Shield document; a copy of a check made out to the Department of Veterans
Affairs and a check withdrawal voucher; a letter, dated 6 March 2007, from
Plantation Center Urgent Care; and a copy of her DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant provided a copy of her birth certificate, which shows her
mother’s first name spelled as “Leslee.”  She enlisted in the Regular Army
on       17 September 1991.  Her DD Form 93 (Record of Emergency Data)
shows her mother’s first name spelled as “Leslee.”

3.  The applicant’s medical records show that on 15 October 1991 she was
treated for swelling and tenderness in her left ankle.  She was given an
ankle brace and placed on profile for 3 days.

4.  A DA Form 4856 (General Counseling Form), dated 7 December 1991, shows
the applicant was administered a diagnostic physical readiness test that
date.  She failed the pushups portion but passed the situps portion and
passed the run portion (completing the run in 16:50 minutes with the
minimum time required being 18:54 minutes).

5.  A DA Form 4856, dated 5 January 1992 shows the applicant was
administered a diagnostic physical readiness test that date.  She failed
the pushups portion but passed the situps portion and passed the run
portion (completing the run in 16:03 minutes with the minimum time required
being 18:54 minutes).

6.  A DA Form 4856, dated 11 January 1992, shows the applicant was
counseled that date regarding her display of a negative attitude
consistently throughout all phases of training (during the period 3 to 11
January 1992).

7.  A second DA Form 4856, dated 11 January 1992, shows the applicant was
administered a diagnostic physical readiness test that date.  She failed
the pushups portion but passed the situps portion and passed the run
portion (completing the run in 18:28 minutes with the minimum time required
being 18:54 minutes).

8.  In a statement dated 13 January 1992, Private W___ stated he wanted to
make a statement under oath.  He stated that on the night of 12 January
1992 the applicant and he were having a conversation in the break area.
The applicant told him she wanted to get out of the Army so she could be
with her boyfriend.  She told him that she was going to take some pills,
making people believe that she was trying to commit suicide, which she
believed would get her out of the Army.

9.  On 13 January 1992, the applicant underwent a mental status evaluation.
 She was found to have the mental capacity to understand and participate in
proceedings and to be mentally responsible.  She was diagnosed with
adjustment disorder with mixed disturbance of conduct and emotions.  The
evaluating psychiatrist noted, in part, that the applicant’s emotional
distress and overdose resulted from anxiety and anger which had been
building ever since her arrival at Fort Jackson, SC.  The stress of
training and prospect of assignment overseas, together with an inability to
gain a discharge, resulted in her suicide gesture.

10.  On 18 January 1992, separation action on the applicant under the
provisions of Army Regulation 635-200, chapter 11 was initiated by her
company commander.  The specific reasons cited for the proposed action were
the applicant’s overdose and her lack of motivation and inability to adapt
to the military life, leading him to believe she was not compatible with
the Army.  The commander noted that, if approved, the applicant would
receive an entry-level separation with uncharacterized service, and she
would not be permitted to reenlist in the Army within 2 years from the date
of her separation and then only with an approved waiver.

11.  On 18 January 1992, the applicant was notified of the proposed
separation action.  She understood that, if approved, she would receive an
entry-level separation with uncharacterized service.  She understood that
she would not be permitted to apply for reenlistment in the Army within 2
years of her separation.  She indicated she did not desire to consult with
consulting counsel, did not desire to make statements in her own behalf,
and did not request a separation physical.

12.  On 3 February 1992, the appropriate authority approved the
recommendation and directed the applicant be separated with a character of
service of uncharacterized.

13.  On 6 February 1992, the applicant was discharged under the provisions
of Army Regulation 635-200, chapter 11, by reason of entry-level status.
Her character of service was uncharacterized.  She had completed 4 months
and 20 days of creditable active service.

14.  Item 19b (Nearest Relative) of the applicant’s DD Form 214 shows her
relative’s first name (i.e., her mother’s first name) spelled as “Leslie.”

15.  The applicant provided a letter, dated 6 March 2007, from Plantation
Center Urgent Care.  The letter states the applicant has a complaint of bi-
lateral knee pain, lower back pain, and right ankle pain since 1991 after
sustaining recurrent and multiple overuse injuries related to the
aforementioned parts of her body.  The injuries will not heal and might get
worse in the future.

16.  Army Regulation 635-200, 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.  Unless
the reason for separation requires a specific characterization, a Soldier
will be awarded an uncharacterized description of service if in an entry-
level status.  (For Regular Army Soldiers, entry-level status is the first
180 days of continuous active duty.)
17.  Army Regulation 635-40 governs the evaluation of physical fitness of
Soldiers who may be unfit to perform their military duties because of
physical disability.  The unfitness is of such a degree that a Soldier is
unable to perform the duties of his office, grade, rank or rating in such a
way as to reasonably fulfill the purpose of his employment on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she has disabilities because of service
injuries, that “they” just pushed her out [of the Army] quickly, and that
“they” stated she could even get a medical discharge or, after 2 years, an
honorable discharge.

2.  The applicant’s service medical records show she was treated one time,
in October 1991, for swelling and tenderness of her left ankle.  However,
there is no evidence to show that this injury or any other injury prevented
her from performing her training duties.  To the contrary, the evidence of
record shows that she was able to complete the run portion of the physical
readiness test three times after this injury, the last time being on 11
January 1992, the day before she attempted suicide.

3.  The evidence of record shows the applicant wanted to be discharged from
the Army.  A statement from Private W___, who indicated he wanted to make
the statement under oath, showed that the applicant told him she wanted to
get out of the Army so she could be with her boyfriend and that she was
going to make people believe that she was trying to commit suicide, which
she believed would get her out of the Army.

4.  The applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize her rights.  There is no evidence to
show she was told she could get a medical discharge.  There is no evidence
to show she was told she could get an honorable discharge after 2 years.
She was told only, and she indicated that she understood, that she would
receive an entry-level separation with uncharacterized service and that she
would not be permitted to apply for reenlistment in the Army within 2 years
of her separation.

5.  A chapter 11 discharge is used for entry-level Soldiers not qualified
for retention for one of several reasons, including if they cannot or will
not adapt socially or emotionally to military life.  The applicant’s
suicide attempt and at least one record of counseling regarding her display
of a negative attitude indicated that she could not or would not adapt to
military life, and led to her discharge prior to completing 180 days of
continuous service.  Therefore, the uncharacterized discharge directed and
the reasons therefore were appropriate considering all the facts of this
case.  An uncharacterized discharge merely means that the applicant was not
in the Army long enough for her character of service to be rated as
honorable or otherwise.

6.  In view of the foregoing, there is no basis for granting the
applicant's request to change her discharge to a medical discharge or to
change the characterization of her service to honorable.

7.  The available evidence of record confirms that the applicant’s mother’s
first name is spelled “Leslee” and not “Leslie.”  Therefore, item 19b of
her DD Form 214 should be amended.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jev___  __rdg___  __rch___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by amending item 19b of her DD Form 214 to show the
spelling of the relative’s name as “Leslee.”

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing her discharge to a medical discharge or the characterization of
her service to honorable.




                                  __James E. Vick_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005245                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |100.00                                  |
|2.                      |108.00                                  |
|3.                      |110.00                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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