BOARD DATE:	  1 September 2009

		DOCKET NUMBER:  AR20090006831 


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 his uncharacterized discharge be changed to honorable.

2.  The applicant states that he is trying to become a law enforcement official and they will not accept an uncharacterized discharge.  He contends that upon his enlistment he was informed that if he failed school he would be reassigned according to the needs of the Army and that no punitive action would be taken.  He claims that there was a "drawdown in personnel" at the time of his discharge, that he was assigned an uncharacterized discharge, and that he was subject to active duty recall.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his 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 enlisted in the Regular Army on 4 May 1985 for a period of 3 years and 14 weeks.  He served as an infantryman and was honorably released from active duty on 9 May 1988 for reduction in authorized strength – Fiscal Year 1988 Early Transition Program.

3.  The applicant again enlisted in the Regular Army on 2 October 1991 for a period of 3 years.  On 20 March 1992, the applicant’s unit commander initiated action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 11, for entry-level status performance and conduct.  The commander cited that the applicant failed to successfully complete the Special Forces Assessment and Selection Course as stated in his enlistment contract.  On 26 March 1992, the applicant waived his rights and elected not to submit a statement on his own behalf.  On 3 April 1992, the separation authority approved the recommendation for separation and directed that the applicant receive an entry-level uncharacterized discharge.

4.  On 10 April 1992, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a, for entry-level status performance and conduct.  His character of service was uncharacterized.

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation provides for the separation of personnel due to unsatisfactory performance or conduct (or both) while in an entry-level status.  This provision of regulation applied to individuals who had demonstrated inability, lack of reasonable effort, or failure to adapt to the military environment.  The regulation states that a Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty or the first 180 days of continuous active service after a service break of more than a 92 days of active service prior to the initiation of separation action.  The Soldier’s service is uncharacterized when separated under this chapter.  

6.  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.  A discharge is not changed for the purpose of enhancing employment opportunities.

2.  Although the applicant contends that there was a "drawdown in personnel" at the time of his 1992 discharge and he was assigned an uncharacterized discharge, the evidence of record shows that he was honorably released from active duty in 1988 for a reduction in authorized strength.

3.  The evidence of record shows the applicant again enlisted in the Regular Army on 2 October 1991 for a period of 3 years.  Since he was in an entry-level status when he was released from active duty on 10 April 1992, his character of service was uncharacterized, which is properly reflected in item 24 (Character of Service) of his DD Form 214.

4.  An uncharacterized discharge 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.  Therefore, there is no basis for granting the applicant's requested 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.



      ____________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)                                         AR20090006831



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ABCMR Record of Proceedings (cont)                                         AR20090006831



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