IN THE CASE OF:
BOARD DATE: 24 June 2010
DOCKET NUMBER: AR20090020716
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 her character of service be changed to honorable.
2. The applicant states:
* Her records simply state discharge
* When she voluntarily left the Army she was told she was receiving a trainee discharge for serving less than 181 days
* She was also told such a discharge was not dishonorable
* When providing a copy of her discharge to perspective employers she was told it needed to state her discharge was honorable in order for her to be eligible for employment
3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 10 August 1984 for a period of 4 years.
3. On 23 August 1984, the applicant was referred to the Community Mental Health Activity (CMHA) for the purpose of retention. She was diagnosed with adjustment disorder with emotional features and separation as soon as possible was recommended.
4. On 28 August 1984, the applicants unit commander initiated action to separate her under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, for entry level status performance and conduct. The commander cited the recommendation from CHMA. The separation authority approved the recommendation for separation and directed the applicant's character of service be uncharacterized.
5. On 12 September 1984, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a, for entry level status performance and conduct. She completed 1 month and 3 days of creditable active service.
6. Item 24 (Character of Service) on the applicant's DD Form 214 shows the entry "ENTRY LEVEL STATUS."
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 (Entry Level Performance and Conduct) of this regulation provides 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 inability, lack of reasonable effort, or failure to adapt to the military environment. The regulation states that a Soldier is in an entry level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. The Soldiers service is uncharacterized when separated under this chapter.
8. 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 members service generally has met the standards of acceptable conduct
and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant enlisted in the Regular Army on
10 August 1984 for a period of 4 years. Since she was in an entry level status when she was discharged on 12 September 1984, her character of service is properly reflected in item 24 on her DD Form 214.
2. The applicant's contentions were carefully considered. However, an uncharacterized discharge is not meant to be a negative reflection of a Soldiers 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. Therefore, there is no basis for granting the applicant's request relief.
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) AR20090020716
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ABCMR Record of Proceedings (cont) AR20090020716
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