IN THE CASE OF:	  

		BOARD DATE:	        27 MAY 2009

		DOCKET NUMBER:  AR20090001535 


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 her uncharacterized discharge under the provisions of chapter 11, Army Regulation 635-200 (Personnel Separations), be changed to an honorable discharge.

2.  The applicant states she had to separate because she was re-appointed guardian of her two children while she was single and in training.

3.  The applicant provides:

	a.  a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty),

	b.  copies of two Letters of Guardianship, and

	c.  copies of two Orders Terminating Guardianship.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 24 January 2007.  At the time of her enlistment, she had two children who were under the legal guardianship of her mother and father.

2.  On 1 June 2007, while she was still an initial entry training Soldier, her parents terminated their guardianship of the applicant’s two children.

3.  On 13 June 2007, the applicant was counseled by her drill sergeant concerning an invalid Family Care Plan in accordance with Army Regulation 
600-20 (Army Command Policy).  On or about 14 June 2007, her company commander notified her that he was initiating action to administratively separate her with an uncharacterized discharge under the provisions of Army Regulation 635-200, chapter 11, for entry-level performance and conduct.  On 14 June 2007, the applicant acknowledged notification.

4.  On 15 June 2007, the approving authority approved the applicant’s discharge and erroneously directed a characterization of service as honorable.

5.  On 20 June 2007, the applicant was discharged under the provisions of chapter 11, Army Regulation 635-200, for entry-level performance and conduct.  She had 4 months and 27 days of creditable service and her discharge was uncharacterized.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.

7.  Paragraph 3-7b of Army Regulation 635-200 provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

8.  Army Regulation 635-200, chapter 11, sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status.  It states, in pertinent part, that when separation of a member in an 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 of active duty on the current enlistment by the date of separation and have demonstrated that they are not qualified for retention for one or more of the following reasons:  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; have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or failed to respond to counseling.

9.  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 conditions 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.

10.  Army Regulation 635-200 defines entry-level status for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service.  It further states in chapter 3 that entry-level status separations will be uncharacterized except:

   a.  when a characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case;

   b.  when Headquarters, Department of the Army (HQDA), 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.  This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the government, and Secretarial plenary authority; or

   c.  when the Soldier has less than 181 days of continuous active military service, has completed initial entry training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment.

11.  Army Regulation 600-20 prescribes the policies and responsibilities of command.  It provides, in pertinent part, the Family Care Plan is the means by which Soldiers provide for the care of their family members when military duties prevent the Soldier from doing so.  It will include proof that guardians and escorts have been thoroughly briefed on the responsibilities they will assume for the sponsor/Soldier and the procedures for accessing military and civilian facilities and services on behalf of the family members of the sponsor/Soldier.  It will attest that the guardian and escort agreed to provide care and have been provided all necessary legal authority and means to do so.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants her uncharacterized entry-level discharge upgraded to honorable.

2.  All entry-level discharges are uncharacterized unless a characterization under other than honorable conditions is warranted; when directed by HQDA based upon unusual circumstances involving personal conduct and performance of duty; or when the entry-level Soldier has completed initial entry training, been awarded an MOS, and has reported for duty at a follow-on unit of assignment.

3.  The applicant was an entry-level Soldier who had not completed training and had not been assigned to a permanent duty station.  Her uncharacterized discharge was the only one she could have received by regulation.

4.  Uncharacterized discharges carry no stigma; they simply mean the Soldier has not served the requisite amount of time to warrant an honorable or general characterization of service.

5.  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.

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.



      _________XXX________________
                 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)                                         AR20090001535



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ABCMR Record of Proceedings (cont)                                         AR20090001535



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