IN THE CASE OF:	  

		BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090013047 


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 discharge be changed from uncharacterized to a general discharge.

2.  The applicant states that he volunteered to serve and he tried to complete basic training, but he was removed from training due to a high level of stress and emotional anxiety at the time of his enlistment.  He adds that he is now a good citizen with good standing in his community with no criminal record.  He has worked as a community leader.

3.  The applicant provides no additional documentary evidence 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's record shows that he enlisted in the Regular Army and entered active duty on 20 January 1983.  He was assigned to Fort Leonard Wood, Missouri, to attend basic training.  His record documents no acts of valor or significant achievement.

3.  The applicant's record further shows that he was formally counseled by members of his chain of command on seven different occasions for his poor attitude, lack of motivation, lack of self-discipline, being overweight, and inability to adapt to military life.

4.  On 17 February 1983, the applicant's unit commander informed the applicant of his intent to process him for separation under the provisions of chapter 11, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), by reason of entry-level status (ELS) performance and conduct.  The unit commander cited the applicant's failure to display the proper attitude to complete basic training, his lack of physical aptitude, and the lack self-discipline required to become a productive Soldier.  The applicant acknowledged receipt of the separation notification and his understanding that, if approved, he would receive an ELS separation with uncharacterized service.  The applicant consulted with appointed counsel and was advised of his rights.  The applicant did not submit a statement in his own behalf.

5.  On 18 February 1983, the separation authority approved the applicant's separation for performance and conduct while in an ELS.  The separation authority directed that the applicant be separated under the provisions of chapter 11, Army Regulation 635-200, and that his service be uncharacterized based on his ELS.  On 28 February 1983, the applicant was discharged accordingly.  At the time of his separation he had completed 1 month and 9 days of creditable active military service.

6.  There is no evidence indicating the applicant applied to the Army Discharge Review Board for a change to his discharge within that board's 15-year statute of limitations.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-9 contains guidance on ELS separations.  It states, in pertinent part, that a separation will be described as entry level with service uncharacterized if at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service.

8.  Chapter 11 of Army Regulation 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an ELS.  An uncharacterized service description is normally granted to Soldiers separating under this chapter.  A general under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge is rarely ever granted.  An honorable discharge may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his discharge should be upgraded because he is a good citizen and community leader with no criminal record was carefully considered.  However, although his post-service conduct is noteworthy, this factor alone is not sufficiently mitigating to support a change to his discharge.

2.  The evidence of record confirms that separation action was initiated on the applicant while he was in an entry level prior to completing 180 days of continuous active military service.  The record further shows that the applicant's separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  The record also shows the applicant's service was described as uncharacterized as a result of his being separated while in an ELS.  A Soldier is in an ELS, or a probationary period, for the first 180 days of continuous active duty.  The issuance of a general discharge to members in an ELS is not authorized and an honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  Given no such unusual circumstances are present in the applicant's record, there is an insufficient evidentiary basis to support any change to the description (characterization) of his service.

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.  As a result, there is no basis for granting the applicant's requested relief.

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)                                         AR20090013047



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ABCMR Record of Proceedings (cont)                                         AR20090013047



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