IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100013827 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service is characterized as honorable versus "uncharacterized." 

2.  The applicant states he served in an active status from 5 January to 
19 January 1995 and received a waiver to reenlist.  He is now serving on active duty as a commissioned officer and he has also completed a combat tour in Iraq. The uncharacterized discharge disqualified him for Montgomery GI Bill (MGIB) benefits.  He contributed $1,200 towards this program and he would like to complete his master's degree. 

3.  The applicant provides two letters from the Department of Veterans Affairs (VA), two DD Forms 4 (Enlistment/Reenlistment Document), a DD Form 214, a memorandum awarding him the Army Reserve Components Achievement Medal, and two DA Forms 67-9 (Officer Evaluation Report (OER)).

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a period of 3 years and 17 weeks on 5 January 1995 and he was subsequently assigned to Fort Benning, GA, for completion of basic combat and advanced individual training under the one station unit training.  He was assigned to Company C, 2nd Battalion, 58th Infantry.

2.  On 15 January 1995, he complained of stress and he was subsequently seen by medical officials who directed that he be placed in a less stressful environment with bed rest and recommended that he receive a mental status evaluation. 

3.  On 18 January 1995, he underwent a mental status evaluation for a panic disorder without agoraphobia.  The military physician indicated the applicant's condition was not amenable to hospitalization, treatment, transfer, disciplinary action, training or reclassification to any other type of duty within the military.  

4.  On 18 January 1995, the applicant's immediate commander notified him of his intent to initiate separation action against him under the provisions of chapter 11 of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), Entry Level Status (ELS), due to severe panic disorder without agoraphobia.  He was further advised that if the recommendation for separation was approved, he would receive an ELS character of service.

5.  On 18 January 1995, he acknowledged receipt of the notification separation action in accordance with chapter 11 of Army Regulation 635-200 (ELS).  He further waived his right to a separation medical examination, declined to consult with further counsel, and elected not to submit a written statement in his own behalf.

6.  On 18 January 1995, the applicant's immediate commander initiated separation action against the applicant in accordance with chapter 11 (ELS) of Army Regulation 635-200.  He indicated the applicant could not or would not adapt socially or emotionally to military life because of severe panic disorder. 

7.  On 19 January 1995, the separation authority approved the applicant's discharge from the Army in accordance with chapter 11 of Army Regulation    635-200, (ELS) due to his inability to adjust to military life style.  Accordingly, the applicant was discharged on 19 January 1995.  The DD Form 214 he was issued confirms he was discharged in accordance with chapter 11 of Army Regulation 635-200 with an uncharacterized character of service.  This form also shows he completed 15 days of creditable active military service.

8.  There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.





9.  He submitted the following documents:

* Letter, dated 8 September 2009, from the VA denying him MGIB benefits for various reasons
* DD Form 4 showing he enlisted in the U.S. Army Reserve for 8 years on 2 November 2001
* DD Form 214 showing he served on active duty from 7 December 2003 to 2 April 2005 including service in Iraq from 20 February 2004 to 28 March 2005
* DD Form 4 showing he enlisted in the Regular Army for 3 years on 11 January 2007
* DD Form 214 showing he completed Officer Candidate School in an active duty status from 11 January through 25 April 2007
* Memorandum, dated 1 November 2005, awarding him the Army Reserve Component Achievement Medal
* Two OERs for the periods 2007 to 2008 and 2008 to 2009 showing he was rated as a Military Police platoon leader at Fort Riley, KS, and in Iraq

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army.  Chapter 11 of this regulation, in effect at the time, governed the entry level status discharge.  It provided for the separation of service members who lacked the necessary motivation, discipline, ability or aptitude to become productive Soldiers or have failed to respond to formal counseling.  The regulation essentially requires that the service member must have voluntarily enlisted; must be in basic, advanced individual, on the job or service school training, and must not have completed of more than 179 days of active duty on their current enlistment by the date of separation.  The regulation provided that Soldiers may be separated when they have demonstrated that they are not qualified for retention due to failure to adapt socially or emotionally to military life; cannot meet minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service.

11.  Army Regulation 635-200, chapter 3, describes the different types of characterization of service.  It states in pertinent part that an uncharacterized separation is an ELS.  A separation will be described as an ELS if processing is initiated while a member is in entry-level status, except when characterization under other than honorable condition 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.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.

12.  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 or is otherwise so meritorious that any other characterization would be clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the characterization of service on his DD Form 214 should be changed from "uncharacterized" to "honorable" so that he will be eligible to obtain MGIB benefits. 

2.  The available evidence shows while in training, the applicant was unable to adapt socially or emotionally to military life due to a severe panic disorder.  Accordingly, his immediate commander recommended that he be separated under the provisions of chapter 11 of Army Regulation 635-200.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, his separation accurately reflects his overall record of service.

3.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and the characterization must be approved by the Secretary of the Army.  

4.  An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service 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.  

5.  The applicant's post-ELS discharge, enlistment, appointment, combat service, and OERs were noted.  However, the Army Board for Correction of Military Records does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  His character of service is properly annotated on his DD Form 214 that was issued on 19 January 1995.  As a result, there is no basis for granting his request for an honorable discharge.

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)                                         AR20100013827



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ABCMR Record of Proceedings (cont)                                         AR20100013827



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