BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090007304 


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 narrative reason for separation on his 1984 DD Form 214 (Certificate or Release or Discharge from Active Duty) be corrected to show he was discharged for hardship reasons vice entry-level status performance and conduct.

2.  The applicant states he requested separation under the provisions of the Trainee Discharge Program due to a family emergency and as such his DD Form 214 should show he was discharged because of hardship.  He states that his chain of command granted his request.  However, the error on his DD Form 214 has resulted in employers questioning the reason for his separation.  He notes his family has a long history of service to the military.  The change in the reason for his discharge would mean a lot.

3.  The applicant provides no additional evidence 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.  Records available to the Board indicate the applicant enlisted and entered active duty as a Regular Army Soldier on 7 March 1984.  He was 20 years old and a high school graduate at the time.

3.  While undergoing training at Fort Dix, New Jersey, the applicant was counseled for his inability to follow orders, his negative attitude, not locking his wall locker, not shaving, and disobeying a lawful order for which he was punished under Article 15 of the Uniform Code of Military Justice.  The applicant did indicate during one of his counseling sessions that he had a grandmother who needed him at home to take care of her.

4.  On 20 March 1984 the applicant's unit commander initiated action to administratively separate the applicant under the provisions of chapter 11 of Army Regulation 635-200 (Trainee Discharge Program).  The commander cited the applicant's lack of motivation and desire to continue military service as the basis for his recommendation.

5.  The applicant acknowledged notification of his pending discharge.  He waived his right to counsel and elected not to have a separation medical examination or to submit statements in his own behalf.  The applicant also acknowledged that he would receive an entry-level separation and that his service would be uncharacterized.

6.  The separation was approved by the appropriate separation authority and on 23 March 1984, just 17 days after entering active duty, the applicant was discharged.  Item 28 (Narrative Reason for Separation) of his DD Form 214 reflects "entry-level status performance and conduct."  The authority for discharge was recorded as paragraph 11-3a/b of Army Regulation 635-200.

7.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel from the Army.  Chapter 11, in effect at the time, governed the Trainee Discharge Program.  This program 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 and must be in basic, advanced individual training, on the job training, or service school training prior to award of a military occupational specialty and must not have completed 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.  An entry-level separation with service uncharacterized was used for separation under this chapter.

8.  Army Regulation 635-200, chapter 6, established policies and procedures for separation because of dependency or hardship.  It provided that Soldiers of the Active Army and the Reserve Components could be discharged or released because of genuine dependency or hardship.  The regulation provides that hardship exists when, in circumstances not involving death or disability of a member of a Soldier's (or spouse's) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.  Separation from the service because of dependency or hardship must have been requested in writing by the enlisted person.

9.  Army Regulation 635-5-1 (Separation Program Designators), in effect at the time, provided instructions for the specific authorities (regulatory, statutory, or other directives), the reasons for separation of members from active military service, and the separation program designator to be used for these stated reasons.  It notes that when the authority for separation was Army Regulation 635-200, paragraph 11-3a or b, then the narrative reason for separation would be "entry-level status performance and conduct."

DISCUSSION AND CONCLUSIONS:

1.  While the applicant contends that he was discharged for hardship reasons, the evidence of record suggests the applicant's discharge was primarily based upon his inability to perform his duties to required standards.

2.  There is no evidence of the existence of hardship circumstances with respect to a family emergency or that he submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 6, for hardship reasons.  Thus, there is insufficient evidence to support the applicant's claim that the reason for his discharge should be changed to show he was discharged based upon hardship.

3.  All requirements of law and regulation were met.  The rights of the applicant were fully protected throughout the separation process.  Therefore, the applicant's request to change the reason for his separation should not be granted.

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.

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)                                         AR20090007304



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ABCMR Record of Proceedings (cont)                                         AR20090007304



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