IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100013938 


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 the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from entry level status to a general, under honorable conditions discharge.

2.  The applicant states at the time of his discharge he was immature and had personal problems at home that weighed heavily on him.

3.  The applicant provided no additional evidence. 

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 records show he was born on 3 February 1967.  He enlisted in the Regular Army for a period of 3 years on 12 March 1986 at 19 years of age.  He completed basic combat training at Fort Jackson, SC and on 14 May 1986 was assigned to Fort Gordon, GA for advanced individual training (AIT).  He was assigned to Company A, 4th Battalion, 1st Signal School Brigade.
 
3.  His record reveals that, on 27 May 1986, he was counseled for his attitude after telling the platoon sergeant he wanted to get out of the Army because he could not adjust to the Army.  On 28 May 1986, he was counseled on his lack of motivation to be a Soldier.  The counseling form states he was asked numerous times if he had any personal problems and he stated he did not, he just "wanted a discharge."

4.  On 5 June 1986, he received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice for being absent without leave on or about 4 June 1986.

5.  On 10 June 1986, he was counseled for academic failure and on 12 June 1986, he was counseled for his attitude.  He again expressed his desire to "get out of the Army."

6.  On 17 June 1986, his immediate commander notified him of her intent to initiate separation action against him under the provisions of chapter 11 (Entry Level Status) of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) by reason of lack of motivation and poor performance.  He was further advised if the request for separation was approved, he would receive an entry level status character of service.

7.  On 17 June 1986, he acknowledged notification of the separation action in accordance with chapter 11 of Army Regulation 635-200.  He acknowledged he understood, if approved, he would not be permitted to reenlist in the Army within 2 years of his separation.  He further waived his right to a separation physical, declined to consult with consulting counsel, and elected not to submit a written statement in his own behalf.

8.  On 17 June 1986, his immediate commander initiated separation action against him in accordance with chapter 11 of Army Regulation 635-200.  

9.  On 23 June 1986, the separation authority approved his release from active duty in accordance with chapter 11 of Army Regulation 635-200, by reason of 
entry level status performance and conduct.  On 26 June 1986, he was 


separated accordingly.  The DD Form 214 he was issued confirms he was 
released from active duty in accordance with chapter 11 of Army Regulation   635-200 with an uncharacterized character of service.  This form also shows he completed a total of 3 months and 15 days of creditable active military service.

10.  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

11.  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.

12.  Chapter 3 of Army Regulation 635-200 describes the different types of characterization of service.  It states, in pertinent part, 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 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.

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

14.  Army Regulation 635-200, paragraph 3-7b, provides 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the characterization of service on his DD Form 214 should be changed from "entry level status" to "general." 

2.  The available evidence shows, while at AIT, the applicant appears to have lacked motivation and self-discipline and showed an inability to adjust to the military environment by requesting release from active duty.  Accordingly, his immediate commander recommended his separation 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.  

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 or a general characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.  

4.  The entry-level separation is given regardless of the reason for separation. The fact that he was young or had family issues does not impact this particular character of service.  This 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.  As a result, there is no basis for granting the applicant's request to upgrade his 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)                                         AR20100013938





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ABCMR Record of Proceedings (cont)                                         AR20100013938



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