IN THE CASE OF:
BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090007044
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 his uncharacterized discharge be changed to honorable.
2. The applicant states that he was not given notification of any benefits or an opportunity to reenlist.
3. The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) 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 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. The applicant enlisted in the Regular Army (RA) on 2 April 1985 for a period of 3 years. On 25 September 1985, the applicants unit commander initiated action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 11, for entry level status performance and conduct. The commander cited that the applicant failed to adapt to military life, that he committed several violations of the Uniform Code of Military Justice (UCMJ) which demonstrated that he had a total disregard for military order and discipline, and that he was unsuitable for further service. The separation authority approved the recommendation for separation and directed that the applicant receive an entry level uncharacterized discharge.
3. On 26 September 1985. 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.
4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 (Entry Level Performance and Conduct) 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 prior to the initiation of separation action. The Soldiers service is uncharacterized when separated under this chapter.
5. 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 members 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. Evidence of record shows the applicant enlisted in the RA on 2 April 1985 for a period of 3 years. Since he was in an entry level status when he was released from active duty on 26 September 1985, his character of service was uncharacterized, which is properly reflected in item 24 on his DD Form 214.
2. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers 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 request 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) AR20090007044
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ABCMR Record of Proceedings (cont) AR20090007044
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