IN THE CASE OF:	  

	BOARD DATE:	  18 September 2008

	DOCKET NUMBER:  AR20080008904 


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, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214), effective 1 May 1990, to show he is a high school graduate.  He also requests that his characterization of service be upgraded.          

2.  The applicant states that his service in the Idaho National Guard was excellent prior to his entry into the Regular Army.   He feels that he has earned better than an uncharacterized character of service.

3.  The applicant provides copies of his DD Forms 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.  On 16 April 1984, the applicant, a member of the Idaho Army National Guard, was ordered to active duty for training (ADT).  He completed his initial training and was awarded military occupational specialty (MOS) 19E (Armor Crewman).

3.  On 26 July 1984, the applicant was released from ADT and transferred back to the Idaho Army National Guard.  He had completed 3 months and 11 days of active duty training.

4.  Item 16 (High School Graduate or Equivalent) of his DD Form 214, effective 
26 July 1984, shows that he was a high school graduate or equivalent.

5.  On 23 January 1990, the applicant enlisted in the Regular Army for 6 years.  His enlistment contract indicates that he was a high school graduate.

6.  On 26 January 1990, he was assigned to Fort Gordon, Georgia, for advanced individual training in MOS 74F ([Computer] Programmer/Analyst).

7.  On 23 February 1990, the applicant failed a concept examination due to lack of preparation.  On 15 March 1990, he failed a problem solving test.  On 
27 March 1990, he failed the COBOL I [computer language] examination.  He failed the COBOL I test again on 5 April 1990.  

8.  On 12 April 1990, the applicant was notified that he was being dismissed from the course due to poor academic performance.  It was recommended that the applicant be retained in the service and trained in a less technical MOS.  The applicant did not appeal the dismissal.

9.  On 19 April 1990, the applicant’s commander recommended that he be separated from the service under the provisions of Army Regulation 635-200, Chapter 11, for academic failure.  The commander based his recommendation on the applicant’s indication during his interview that he did not want to remain in the Army. 

10.  On 19 April 1990, the applicant elected not to consult with counsel and not to make a statement in his own behalf.
 
11.  On 26 April 1990, 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 
1 May 1990.  He had completed 3 months and 9 days of creditable active service during this period.

12.  Item 15b (High School Graduate or Equivalent) of the applicant’s DD Form 214, effective 1 May 1990, indicates that he was not a high school graduate or equivalent.

13.  The applicant’s Personnel Qualification Record, Part I, dated 16 February 1990, shows that the applicant was a high school graduate. 

14.  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.

15.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 11, of this regulation, in effect at the time, provided, for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status.  This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applies to Soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.  The regulation requires uncharacterized service for separation under this chapter.

16.  Characterization will be determined solely by the Soldier’s military record which includes the Soldier’s behavior and performance of duty during the current enlistment or period of service to which the separation pertains, plus any extensions prescribed by law or regulation or affected with the consent of the Soldier.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s 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.  The applicant’s contention that his discharge effective 1 May 1990 should be characterized based on his earlier service in the Idaho Army National Guard, is without merit.  Characterization of service will be based only on the current period of service.

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 the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request to upgrade his characterization of service.

6.  The evidence of record clearly shows that the applicant was a high school graduate or equivalent at the time of his first enlistment.   Therefore, his DD Form 214, effective 1 May 1990, should be corrected to show this education.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X__  ___X____  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 showing in Item 15b of his DD Form 214 effective 1 May 1990, that he was a high school graduate. 





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 upgrading his characterization of service.



	____________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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ABCMR Record of Proceedings (cont)                                         AR20080008904



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