IN THE CASE OF:	  

		BOARD DATE:	  29 October 2009

		DOCKET NUMBER:  AR20090009268 


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, in effect, that his characterization of service be changed from uncharacterized to honorable and that his narrative reason for separation be changed.

2.  The applicant essentially states that he was diagnosed with attention deficit hyperactivity disorder (ADHD), bipolar disorder, and obsessive-compulsive disorder (OCD) prior to his enlistment, and that these factors contributed to him not adapting to military life and performing his duties effectively as a Soldier.

3.  Despite indicating that he provided medical records, the applicant provides no additional evidence in support of this 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's military records show that he enlisted in the Regular Army on 24 May 1984.  His DD Form 1966 (Record of Military Processing - Armed Forces of the United States) shows, in pertinent part, that the applicant authenticated that he had never been a patient, whether or not formally committed, in any institution primarily devoted to the treatment of mental, nervous, emotional, psychological, or personality disorders.  His records also show that he was a high school graduate.

3.  On 13 June 1984, while in his second week of basic training, the applicant's commanding officer recommended that he be separated under the provisions of chapter 11 (Entry-Level Status Performance and Conduct [Trainee Discharge Program]), Army Regulation 635-200 (Personnel Separations - Enlisted Personnel).  His commander indicated that the applicant had not maintained a sufficiently high enough level of motivation and self-discipline to overcome his aptitude deficiencies and displayed a limited capacity for learning and a lack of ability to follow instructions.  He also stated that every possible effort had been made to train him in basic training skills, but that he continually performed below standards.

4.  Also on 13 June 1984, the applicant acknowledged notification of his proposed separation and that, if approved, he would receive an entry-level separation with his service characterized as uncharacterized.  He waived his rights, which included consulting with counsel, making statements in his own behalf, requesting copies of the documents supporting his proposed separation, and requesting a separation physical.

5.  On 20 June 1984, the proper separation authority approved the applicant's discharge under the provisions of chapter 11, Army Regulation 635-200, and directed that he be issued an uncharacterized entry-level separation.  On 22 June 1984, the applicant was discharged accordingly after completing only 29 days of active duty.  Item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows an entry of "entry-level status performance and conduct."

6.  There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation, in effect at the time, provided for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry-level status.  This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life or because they lacked the aptitude, ability, motivation or self discipline for military service or that they had demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.  The regulation required uncharacterized service for separation under this chapter.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided, in pertinent part, guidance for the preparation of the DD Form 214.  For item 24, an entry-of "honorable," "under honorable conditions (general)," "under other than honorable conditions," "bad conduct," "dishonorable," or "uncharacterized" would be entered.  An entry of "uncharacterized" was appropriate for Soldiers in an entry-level status.  Entry-level status is defined as the first 180 days of continuous active duty.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his characterization of service should be changed from uncharacterized to honorable and that his narrative reason for separation should be changed.

2.  The applicant's contention that he was diagnosed with ADHD, bipolar disorder, and OCD prior to his enlistment was noted; however, there is no evidence in his military records and the applicant failed to provide any evidence to support his contention.

3.  The evidence of record clearly shows that the applicant was discharged under the provisions of chapter 11 of Army Regulation 635-200 for entry-level performance and conduct.  As he only had 29 days of active military service, he was in an entry-level status at the time of his discharge.  As a result, his DD Form 214 shows that service was properly characterized as uncharacterized and that his narrative reason for separation is also properly indicated.

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 this requirement.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

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)                                         AR20090009268



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ABCMR Record of Proceedings (cont)                                         AR20090009268



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