IN THE CASE OF:	  

		BOARD DATE:	        19 MAY 2009

		DOCKET NUMBER:  AR20090002902 


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 that the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "uncharacterized" to "honorable."

2.  The applicant states that after serving seven and one half years in the Individual Ready Reserve (IRR), he was mailed an Honorable Discharge Certificate.  He adds that he is seeking employment and the employer needs the characterization of service on his DD Form 214 to match that on his discharge certificate.

3.  The applicant provides a copy of his Honorable Discharge Certificate, dated 25 April 2000, in support of his request.

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 he enlisted in the Regular Army for a period of 4 years on 21 April 1992.  He completed basic combat and advanced individual training under the one station unit training (OSUT) at Fort Sill, OK, and was awarded military occupational specialty (MOS) 13C (Traffic Operations Specialist).

3.  The applicant's records further show that upon completion of MOS training, the applicant was subsequently assigned to Fort Bragg, NC, on a permanent change of station, with temporary duty en route to Fort Benning, GA, for completion of the Basic Airborne Course.  He arrived at Fort Benning on or about 18 September 1992.

4.  On 6 October 1992, while undergoing training at Fort Benning, the applicant’s immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of chapter 11 (Entry Level Status) of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) by reason of lack of motivation, lack of self-discipline, and inability to adjust to the military environment.  He was further advised that if the request for separation was approved, he would receive an entry level status character of service.

5.  On 6 October 1992, the applicant acknowledged receipt of the uncharacterized entry level notification of separation action in accordance with chapter 11 of Army Regulation 635-200.  He further waived his right to a separation medical examination, declined to consult with consulting counsel, and elected not to submit a written statement in his own behalf.

6.  On 7 October 1992, the applicant's immediate commander initiated separation action against the applicant in accordance with chapter 11 of Army Regulation 635-200, by reason of lack of motivation, lack of self-discipline, and inability to adjust to the military environment.  

7.  On 8 October 1992, the separation authority approved the applicant's discharge from the Army in accordance with chapter 11 of Army Regulation    635-200, by reason of lack of motivation, lack of self-discipline, and inability to adjust to the military environment and directed his transfer to the IRR for completion of his military service obligation (MSO).  Accordingly, the applicant was discharged on 16 October 1992.  The DD Form 214 he was issued confirms 

he was released from active duty in accordance with chapter 11 of Army Regulation 635-200 with an uncharacterized character of service.  This form also shows that he completed 5 months and 26 days of creditable active military service.

8.  There is no indication that the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that Board’s        15-year statute of limitations.

9.  The applicant submitted a copy of the Honorable Discharge Certificate he was issued from the U.S. Army Reserve (USAR) on 25 April 2000, the date he completed his MSO.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army.  Chapter 11 of this regulation, in effect at the time, governed the entry level status discharge.  It provided for the separation of service members who lacked the necessary motivation, discipline, ability or aptitude to become productive Soldiers or have failed to respond to formal counseling.  The regulation essentially requires that the service member must have voluntarily enlisted; must be in basic, advanced individual, on the job or service school training, and must not have completed of more than 179 days of active duty on their current enlistment by the date of separation.  The regulation provided that Soldiers may be separated when they have demonstrated that they are not qualified for retention due to failure to adapt socially or emotionally to military life; cannot meet 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.

11.  Chapter 3 of that regulation 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.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.

12.  Army Regulation 635-200, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the characterization of service on his DD Form 214 should be changed from "uncharacterized" to "honorable." 

2.  The available evidence shows that, while at airborne training, the applicant appears to have lacked motivation and self-discipline and showed an inability to adjust to the military environment.  Accordingly, his immediate commander recommended his separation under the provisions of chapter 11 of Army Regulation 635-200.  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 separation accurately reflects his overall record of service.

3.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.  

4.  The entry-level separation is given regardless of the reason for separation. This uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the 

Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  As a result, there is no basis for granting the applicant's request for an honorable discharge.

5.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It is the period he spent on active duty that is being uncharacterized, not his discharge from the USAR (Individual Ready Reserve).
6.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  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 in this case.  Therefore, he is not entitled to relief.

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)                                         AR20090002902



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ABCMR Record of Proceedings (cont)                                         AR20090002902



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