IN THE CASE OF:	

		BOARD DATE:	  8 December 2009

		DOCKET NUMBER:  AR20090010017 

 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 entry level separation be characterized as honorable.

2.  The applicant states, in effect, he was kicked out of the military due to stress fractures that occurred during basic training and he has not been able to run since that time.  He also states he was told he was being put out so that he could not receive his benefits.  

3.  The applicant provides copies of his entire enlistment packet, including his Standard Form (SF) 93 (Report of Medical History) and SF 88 (Report of Medical Examination). 

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.  Other than the documents noted below, the available record does not contain any service medical records. 

3.  On 22 February 1983, the applicant enlisted in the Army Reserve in pay grade E-3 as a part of the Reserve Officers Training Corps program.

4.  On his pre-commissioning SF 93, the applicant indicated he had foot problems and that he had surgery for a partially severed tendon in his left foot.

5.  The SF 88 noted surgical scarring on the applicant's left foot.

6.  On 25 May 1983, the applicant entered active duty for training.

7.  On 7 June 1983, the applicant was given a 2 week temporary physical profile for stress reaction in both knees.

8.  A DA Form 4856-R (General Counseling Form), dated 27 June 1983, shows the applicant was counseled by a Staff Sergeant (SSG) M____.  It is noted that the applicant had missed all but one session of basic rifle marksmanship training classes that would have made him proficient in the operation of the M16A1 Rifle.  Additionally, he had not participated in any physical fitness training since his first week of training due to stress fractures in the knee area.  He had missed all road marches and he could not perform basic facing movements.  The recommendation was that the applicant be separated under the Trainee Discharge Program.

9.  A DA Form 4856-R, dated 28 June 1983, shows a medical evaluation was requested for service incurred stress fractures.  The findings of the examination are not in the available record.

10.  A DA Form 4856-R, dated 29 June 1983, shows the applicant was counseled by First Sergeant (1SG) M____ about being recycled in training or being discharged.  The applicant indicated the only reason he joined was to receive educational benefits.  It was recommended that the applicant be separated under the Trainee Discharge Program.  

11.  A DA Form 4856-R, dated 30 June 1983, states the applicant was again counseled by SSG M____ about being recycled or being discharged.  The SSG noted the applicant was unable to maintain any type of military standards, he was only worried about his educational benefits, and he had no real desire to be a productive Soldier.  It was recommended that the applicant be separated under the Trainee Discharge Program.

12.  A DA Form 4856-R, dated 1 July 1983, states the applicant was counseled by SSG M____ about his lack of motivation to continue in the service.  SSG M___ was of the opinion that the applicant could not attain the necessary physical standards required to become a productive Soldier.  He lacked the self-discipline, motivation, and self-determination to succeed in the Army.

13.  A DA Form 4856-R, dated 1 July 1983, states the applicant was counseled by First Lieutenant (1LT) S___ about his lack of motivation to continue in the military.  The applicant indicated he was more interested in completing his education than being in the service.  The 1LT stated the applicant showed a total lack of motivation and self-discipline.  He recommended the applicant be separated under the Trainee Discharge Program.

14.  On 5 July 1983, the applicant's unit commander initiated separation action under the provisions of chapter 11 (Trainee Discharge Program), Army Regulation 635-200. 

15.  The applicant waived his rights to consult with counsel, to make a statement on his own behalf, and a separation medical examination.

16.  The discharge authority waived the recycle requirement and approved the separation action on 5 July 1983.

17.  The applicant was discharged on 13 July 1983.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was separated under the provisions of Army Regulation 635-200, paragraph 11-3a, Entry Level Status Performance and Conduct (Trainee Discharge Program) with uncharacterized service.  He had completed 1 month and 19 days of creditable service. 

18.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 11, in effect at the time, provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry level status.  The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of a lack of aptitude, ability, motivation, or self-discipline.  The regulation required an uncharacterized description of service for separation under this chapter. 



19.  Army Regulation 635-200 also provides in pertinent part, that a separation will be described as "uncharacterized" if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was kicked out due to stress fractures that occurred during basic training and he has not been able to run since.  He was told he was being put out so that he could not receive his benefits.  

2.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier served less than 180 days and his service it not rated.  

3.  While the applicant may have had a medical condition that impacted his ability to perform his physical fitness training, there is no evidence that he was found unfit for duty due to a medical condition.  The available evidence shows his discharge was more related to a lack of motivation and self-discipline to become a productive Soldier.  He was offered several chances to recycle.

4.  The applicant's administrative separation was accomplished in compliance with applicable regulations.  The type of discharge directed and the reasons therefore are appropriate considering all the facts of the case.

5.  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.

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)                                         AR20090010017



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ABCMR Record of Proceedings (cont)                                         AR20090010017



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