RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
				  


	BOARD DATE:	  4 December 2007
	DOCKET NUMBER:  AR20070010343 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. James R. Hastie

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 an upgrade of her discharge.

2.  The applicant states that she was discharged due to medical issues during basic training and that she was not allowed sufficient time to heal and complete training.  

3.  The applicant provided a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of her application. 

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's records show that she enlisted in the Regular Army on 20 July 1984 in the rank of private/pay grade E-1 for a period of 3 years.  She started her one station unit training (OSUT) at Fort McClellan, Alabama, on 26 July 1984.

3.  On 31 July 1984, the applicant underwent a mental status evaluation.  She was diagnosed with a passive aggressive behavior, fully alert level of alertness, anxious and depressed mood, and clear thinking process.  The military psychiatrist remarked that the applicant demonstrated character and behavior characteristics not compatible with satisfactory continued service.  He further recommended her separation in accordance with applicable regulation.

4.  The applicant's records reveal a disciplinary history which includes her acceptance of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for, on or about 4 August 1984, avoiding service as an enlisted person by intentionally ingesting approximately 12 Atarax pills prescribed by medical personnel.  Her punishment consisted of forfeiture of $133 pay for one month, 14 days of restriction, and 14 days of extra duty.
5.  On 6 August 1984, the applicant was counseled by her immediate drill instructor and her senior drill instructor for miscellaneous marital and financial problems, unnatural behavior, and inability to adjust to military life.   She was also interviewed by her immediate commander who remarked that she expressed a strong desire to be released from the Army because of mental and psychological stress due to marital and mental problems. 

6.  On 7 August 1984, the immediate commander initiated elimination proceedings against the applicant under the provisions of chapter 11 of Army Regulation 635-200 (Personnel Separations) for demonstrating character and behavior characteristics that were not compatible with satisfactory continued service.

7.  On 7 August 1984, having been advised by counsel of the basis of her contemplated separation and the rights available to her, the applicant acknowledged notification of her proposed separation from the Army and waived her right to submit a statement on her behalf or for a medical examination. 

8.  On 15 August 1984, the separation authority reviewed the training discharge program case applicable to the applicant and approved an entry level separation (uncharacterized) in accordance with chapter 11 of Army Regulation 635-200.  The DD Form 214 she was issued at the time of her discharge confirms she was discharged under the provisions of paragraph 11-3a of Army Regulation 635-200 and her characterization of service was Entry Level Status or Uncharacterized.  This form further confirms that she completed a total of 1 month and 1 day of creditable active military service. 

9.  Army Regulation 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status.  It states in pertinent part that when separation of a member in entry level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, the member normally will be separated per this chapter.  This separation policy applies to enlisted members of the Regular Army, who have completed no more than 180 days active duty on current enlistment by the date of separation, have demonstrated that they are not qualified for retention for one or more of the following reasons: Can not or will not adapt socially or emotionally to military life, can not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline;  have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or failed to respond to counseling.

10.  Chapter 3 of Army Regulation 635-200 describes the different types of characterization of service.  It states in pertinent part that an Uncharacterized Separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization Under Other Than Honorable Condition is authorized under the reason for separation and is warranted by the circumstances of the case or when The Secretary of the Army, on a case-by-case basis, determines that characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant demonstrated character and behavior characteristics not compatible with satisfactory continued service.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant’s discharge accurately reflects her military service at that time.

2.  There is no evidence in the available records nor did the applicant provide evidence to substantiate an upgrade of her discharge.  In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__lds___  __ecp___  __jrh___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

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.




							Linda D. Simmons
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070010343
SUFFIX

RECON

DATE BOARDED
20071204
TYPE OF DISCHARGE
(UNCHAR)
DATE OF DISCHARGE
19840820
DISCHARGE AUTHORITY
AR 635-200, Chap 11
DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
144.0000
2.

3.

4.

5.

6.