BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090018348 


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, upgrade of his general under honorable conditions discharge to an honorable discharge.

2.  The applicant states that he needs to receive some benefits for medical purposes, housing, and employment.  He also states he entered advanced individual training (AIT) at Fort Benjamin Harrison, IN, for his military occupational specialty (MOS) 73C (Finance Specialist).  He was separated from the Army on 29 December 1989, from AIT, at Fort Benjamin Harrison, to be exact. 

3.  The applicant provides no additional documentation 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 he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 4 November 1986.  He was discharged from the USAR DEP on 24 September 1987 and he enlisted in the Regular Army on 25 September 1987 in pay grade E-1.  He did not complete basic training or AIT for award of an MOS.

3.  On 15 December 1987, the Chief, Advanced Individual Training Division, Finance Department, recommended the applicant be academically and administratively eliminated from the Finance Specialist Course.  The Chief noted that the applicant took test #1C on 14 December 1987 and failed all tasks on this test.  He was counseled and retested on 15 December 1987 with test #1B.  He also failed all tasks on this test.  On both occasions the applicant stated that he was not able to grasp the material presented in a classroom environment.  The Director, Finance Department concurred with the Chief's recommendation and the Commandant, Finance School approved the recommendation.

4.  A DA Form 4856 (General Counseling Form), dated 17 December 1987, shows the applicant was counseled on his failed academic and service elimination recommendation based on his lack of motivation and apathetic attitude toward the Army.  He acknowledged receipt of the counseling and concurred with the information reflected in the counseling session.

5.  On 17 December 1987, the applicant’s unit commander initiated action to release him from active duty for transfer to the Individual Ready Reserve (IRR) under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 11-2, entry level performance and conduct.  The unit commander stated the reason for the proposed action was the applicant could not meet the minimum standards prescribed for successful completion of training because of a lack of aptitude, ability, motivation, or self-discipline.

6.  The applicant acknowledged receipt of the proposed action.  He also acknowledged he understood he would receive an entry level separation with uncharacterized service.  He elected not to consult with consulting counsel and not to submit a statement in his own behalf.  

7.  The applicant’s unit commander recommended his release from the service under the provisions of the Trainee Discharge Program.  He also recommended waiver of the requirement for further rehabilitation and counseling because further efforts would not produce the quality Soldier desired by the Army.

8.  The appropriate separation authority approved his release from active duty, transfer to the IRR, and waiver of further rehabilitation and counseling.

9.  He was subsequently released from active duty on 18 December 1987 in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 11, paragraph 11-3a, with an entry level status character of service.  He was transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  He had completed 2 months and 24 days of net active service this period at the time of his release from active duty.

10.  There is no evidence that he applied to the Army Discharge Review Board for an upgrade of his entry level status characterization of service within its
15-year statute of limitations.

11.  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 or 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 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 an uncharacterized description of service for separation under this chapter.

12.  Army Regulation 635-200 stated, in pertinent part, that separation under this chapter applied to Soldiers who were in an entry level status and, before the date of the initiation of separation action, completed no more than 180 days of continuous active duty and demonstrated that they could not or would not adapt socially or emotionally to military life.

13.  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 member’s 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.  In view of the circumstances in this case, the applicant is not entitled to a change of the characterization of his service.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contention has been noted; however, it is not sufficiently supported by the evidence of record.  He was properly released from active duty, in accordance with pertinent regulations, with due process.  His entry level status characterization of service was and still is appropriate based on his brief period of service and reason for his release from active duty.  He was appropriately advised of this during his counseling and separation processing.

3.  The evidence shows on 17 December 1987, his unit commander initiated action to release him from active duty because he could not meet the minimum standards prescribed for successful completion of training because of a lack of aptitude, ability, motivation, or self-discipline.  He acknowledged the proposed action and he was subsequently released from active duty on 18 December 1987.  There is no evidence of record and he has not shown any evidence to show he was released from active duty on any date other than 12 December 1987 or that he completed AIT.

4.  The description of his characterization of service as general under honorable conditions is incorrect.  Under the circumstances in this case, the entry level status character of service simply infers uncharacterized service, not general under honorable conditions service.

5.  The applicant's desire to have his entry level status discharge upgraded to honorable so that he can qualify for medical and/or other benefits administered by the Department of Veterans Affairs (VA) or any other agency is acknowledged.  However, the ABCMR does not grant relief solely for the purpose of an applicant qualifying for medical or other benefits administered by the VA or other agencies.

6.  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.

7.  In order to justify correction of a military record, the applicant must show, 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.

8.  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)                                         AR20090018348



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ABCMR Record of Proceedings (cont)                                         AR20090018348



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