BOARD DATE: 30 November 2010
DOCKET NUMBER: AR20100014817
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 item 24 (Character of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show honorable instead of "Entry level status."
2. The applicant states, in effect, on or about day three in basic training she was rushed to the hospital, the first of many ambulance trips. Her body would shake and wouldn't stop and the military doctors strongly recommended she be discharged for her own well being. She continued to try her best to stay in the Army. She graduated from basic training and her advanced individual training was in the Signal Corps. She truly believes she served our country honorably.
3. The applicant provides:
* DD Form 214
* Letter of Appreciation
* Page 2 of a Department of Veterans Affairs (DVA) Rating Decision, dated 6 September 2002
* DVA documentation, dated 20 February 2009 and 12 April 2010
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 12 May 1983 for a period of 3 years.
3. On 30 August 1983, the applicant underwent a psychiatric evaluation and was diagnosed as having a generalized anxiety disorder, chronic, moderate; and adjustment disorder with mixed emotional features, acute.
4. Discharge proceedings under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-13, for a personality disorder were initiated on 7 September 1983. On 15 September 1983, the applicant consulted with counsel and elected not to submit a statement in her own behalf. On 25 October 1983, the separation authority approved the recommendation and directed that the applicant be furnished an entry level separation (uncharacterized).
5. On 27 October 1983, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for a personality disorder. She had completed 5 months and 16 days of creditable active service.
6. Item 24 of the applicant's DD Form 214 shows the entry "Entry level status."
7. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-13 provides that a Soldier may be separated for a personality disorder, not amounting to a disability under Army Regulation
635-40 (Physical Evaluation for Retention, Retirement, or Separation), that interferes with assignment to or performance of duty. The regulation requires that the condition is a deeply-ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform duty. The diagnosis of personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.
8. Army Regulation 635-200 states that a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status. Entry level status is defined as the first 180 days of continuous active duty.
9. 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 (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
1. The governing regulation states a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status. The applicant was in an entry level status when she was discharged on 27 October 1983. Therefore, there is no basis for granting her request.
2. An entry level status (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.
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) AR20100014817
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ABCMR Record of Proceedings (cont) AR20100014817
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