IN THE CASE OF:	  

		BOARD DATE:	    27 July 2010

		DOCKET NUMBER:  AR20100000604


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 his discharge with a characterization of service as "uncharacterized" be changed to a characterization of service as "honorable" and the narrative reason for discharge be changed from "entry-level performance and conduct" to "medical."

2.  The applicant states he was a good Soldier.  Whenever he applies for a job, he is turned down because of his uncharacterized discharge.

3.  The applicant provides a Department of Veterans Affairs rating decision, dated 13 August 2008, assigning service connection for bilateral knee strain.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army for 4 years on 16 January 2008.  He was shipped to Fort Jackson, SC, and assigned to the 120th Adjutant General Battalion (Reception) for in-processing, then reassigned to Company E, 2nd Battalion, 13th Infantry Regiment, for initial entry (basic) training.

2.  The applicant could not perform to Army physical fitness standards.  He was evaluated by Army medical personnel to determine that there was no underlying medical condition which precluded his attainment of Army fitness standards; none was found.  After repeated failures during diagnostic Army Physical Fitness Testing, he was reassigned to the Fitness Training Company, 120th Adjutant General Battalion, for remedial fitness training in order to bring him up to Army fitness standards.

3.  The applicant did not perform well in the Fitness Training Company, demonstrating a lack of motivation, adaptability, self-discipline, ability, and attitude to become a successful Soldier.  He was counseled on numerous occasions by all members of his chain of command.

4.  On 2 April 2008, the applicant's commander notified him that the Army was through trying to overcome his lack of motivation to become a good Soldier.  The commander informed him he was initiating action to discharge him from the Army based on his poor entry-level performance and conduct.  The applicant acknowledged notification, did not submit any statement in his own behalf, and waived legal consultation.

5.  The applicant's commander forwarded a recommendation for discharge under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 11, for entry-level performance and conduct through the chain of command to the approving authority.  On 8 April 2008, the approving authority approved the applicant's separation with the issuance of an uncharacterized discharge.

6.  The applicant was separated on 15 April 2008 with an uncharacterized discharge.  He had served only 3 months of his 4-year enlistment.  He never completed basic training.

7.  Army Regulation 635-200, chapter 11, sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status.  It states that when separation of a member in an entry-level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, the member normally will be separated per this chapter.  This separation policy applies to enlisted members of the Regular Army who have completed no more than 180 days of active duty on the current enlistment by the date of separation and have demonstrated that they are not qualified for retention for one or more of the following reasons:  cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline; have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or failed to respond to counseling.

8.  Chapter 3 of Army Regulation 635-200 describes the different types of characterization of service.  It states in pertinent part that an uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.

9.  Army Regulation 635-200 defines entry-level status for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service.  It further states in chapter 3 that entry-level status separations will be uncharacterized except:

	a.  when a characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case;

	b.  when Headquarters, Department of the Army (HQDA), on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the government, and Secretarial plenary authority; or

	c.  when the Soldier has less than 181 days of continuous active military service, has completed initial entry training, has been awarded a military occupational specialty, and has reported for duty at a follow-on unit of assignment.

10.  Army Regulation 635-200 provides guidance on characterization of service.

	a.  Paragraph 3-7a states 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 or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	b.  Paragraph 3-7b states that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization.

11.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations.

	a.  The regulation states the mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability.  In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of his or her office, grade, rank, or rating against medical retention qualification standards established in Army Regulation 40-501 (Standards of Medical Fitness).

	b.  Soldiers must be referred to the PDES.  If a treating physician believes that a Soldier is unable to perform full military duty or is unlikely to be able to do so within a reasonable period of time – normally 12 months – the Soldier is referred to a medical evaluation board (MEB) at the medical treatment facility where treatment is being provided.  The MEB is an informal process comprised of at least two physicians who compile, assess, and evaluate the medical history of a Soldier and determine if the Soldier meets, or will meet, retention standards.  If the Soldier meets retention standards, the Soldier is returned to duty in his/her respective or current military occupational specialty.  If the Soldier does not meet retention standards, the case will be referred to a physical evaluation board (PEB) for further disposition and determination of fitness.

DISCUSSION AND CONCLUSIONS:

1.  The applicant joined the Army for 4 years; he served 3 months.  During that time he put forth poor effort to meet Army physical fitness standards.  His basic training commander sent him to a fitness training company for remedial training.  In that unit, he demonstrated apathy and a lack of motivation.  Despite counseling, he refused to put forth effort to improve his physical fitness.

2.  The applicant was properly discharged.  All entry-level discharges are uncharacterized unless a characterization under other than honorable conditions is warranted; when directed by HQDA based upon unusual circumstances involving personal conduct and performance of duty; or when the entry-level Soldier has completed initial entry training, been awarded an military occupational specialty, and has reported for duty at a follow-on unit of assignment.  None of these conditions applies to the applicant's situation.
3.  Uncharacterized discharges carry no stigma.  They simply mean the Soldier has not served the requisite amount of time to warrant an honorable or general characterization of service.

4.  The applicant also requests that the narrative reason for his separation be changed from "entry-level performance and conduct" to "medical."  The applicant was seen by medical personnel who determined he could participate in remedial physical fitness training.  The applicant was not referred to the PDES.  Only the PDES via the MEB/PEB process can establish disability as the narrative reason for separation, thus the applicant could not be separated by reason of physical disability (i.e., medical reasons).  His request for a change in narrative reason for separation is denied.

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)                                         AR20100000604



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)