IN THE CASE OF:
BOARD DATE: 8 September 2010
DOCKET NUMBER: AR20100008734
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 an upgrade of his discharge to general under honorable conditions from uncharacterized.
2. The applicant states his medical records show proof of his injury and his service disability.
3. The applicant provides no additional documentary evidence in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the Regular Army on 20 January 2005. He did not complete initial entry training and was not awarded a military occupational specialty.
2. The complete facts and circumstances leading to the applicant's discharge are not contained in available records. However, a memorandum, subject: Separation Under Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 11, shows that on 17 August 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an uncharacterized discharge under provisions of paragraph
11-3a, Army Regulation 635-200, by reason of entry-level performance and conduct. He was discharged accordingly on 19 August 2005.
3. Army Regulation 635-200, paragraph 3-9, provides that a separation will be described as entry-level with service "uncharacterized" if processing is initiated while a Soldier is in an entry-level status. Paragraph 11-3 provides that this separation policy applies to Soldiers who:
a. are in an entry-level status, undergoing initial entry training, and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous active duty; and
b. have demonstrated that they are not qualified for retention. The following conditions are illustrations of conduct and/or performance that disqualify Soldiers for retention:
(1) cannot or will not adapt socially or emotionally to military life;
(2) cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline;
(3) have demonstrated character and behavior characteristics not compatible with satisfactory continued service; and
(4) have failed to respond to counseling (DA Form 4856-R (Developmental Couseling Form)).
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 (Certificate of Release or Discharge from Active Duty). It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
5. On 21 January 2010, the Army Discharge Review Board denied his request to change his character of service from uncharacterized to general under honorable conditions.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. Even though his records do not contain his discharge packet, in the absence of evidence to the contrary, it is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
2. 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.
3. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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) AR20100008734
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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