IN THE CASE OF:
BOARD DATE: 10 July 2008
DOCKET NUMBER: AR20080006105
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his uncharacterized discharge be upgraded to honorable.
2. The applicant states that he completed the Basic Training Course and the American Language Course.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214) and certificates of training showing that he completed the Basic Training Course and the American Language Course.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 3 May 1988, the applicant enlisted in the Regular Army for 4 years.
3. On 12 August 1988, at a mental status evaluation the applicant's behavior was normal. He was fully alert and oriented and displayed an anxious mood. His thinking was clear, his thought content normal, and his memory good. There was no significant mental illness. The applicant was mentally responsible. He was able to distinguish right from wrong and to adhere to the right and capable of participating in the separation processing.
4. On 29 September 1988, the applicants commander recommended that he be separated from the service under the provisions of Army Regulation 635-200, Chapter 11, for inability to adapt to the military environment. The reason given was the applicants conscientious objection. He was unable to complete basic combat training because of his religious beliefs, which prevented him from participating in basic rifle marksmanship.
5. On 29 September 1988, the applicant consulted with counsel, and elected not to make a statement in his own behalf and to waive military and civilian counsel.
6. On 7 October 1988, the appropriate authority approved the recommendation and directed that the applicant be discharged in an Entry Level Status with an uncharacterized character of service. He was accordingly discharged on
18 October 1988. He had completed 5 months and 16 days of creditable active service.
7. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statue of limitations.
8. Army Regulation 635-200 (Personnel Separations), chapter 11, establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct (or both) while in an entry level status. It states, in pertinent part, that separation under this chapter applies to Soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life. Entry level status is defined as the first 180 days of continuous active duty. It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized.
DISCUSSION AND CONCLUSIONS:
1. The applicants administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
2. The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.
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 that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X ___ 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.
__________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080006105
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