BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100014926 


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 her uncharacterized discharge be changed to a general discharge under honorable conditions.

2.  The applicant states the following:

	a.  she indicates she had only been 18 years old for 10 days when she left home to begin her military career, scared and excited;

	b.  she provides a summarized history of her initial entry training indicating she loved basic training; however, the great demands of physical training went far above and beyond what should have been considered normal during advanced individual training (AIT);

	c.  during AIT, she suffered verbal abuse and relentless harassment from her drill sergeant who would often pull her out of formation, take her to his office where he would "smoke" her until she became sick for no reason, follow her around and call her names, scream at her, and degrade her at every available opportunity;

	d.  although the drill sergeant knew her mother was fighting breast cancer, he would call her mother a "f___ing whore" and said her mother would die before she got to see her again;

	e.  after returning from a weekend pass, seeing that nothing was going to change although she sought help from others, she departed absent without leave (AWOL) as her only means of any relief;

	f.  upon returning to duty she was told that she would be transferred to resolve the situation with her drill sergeant; and

	g.  after she signed the transfer papers, she felt like she had been tricked because she had been put out of the military and was on a plane going home.

3.  The applicant provides the following:

* self-authored statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* two letters of support
* Veterans of Foreign Wars of the United States letter

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 record shows that she enlisted in the Regular Army on 6 August 1993.  She completed basic combat training at Fort Leonard Wood, Missouri, and was further assigned to Fort Sam Houston, Texas, to attend AIT in military occupational specialty 91B (Medical Specialist).

3.  The applicant's record shows she never advanced above her entry grade of private/E-1 while serving on active duty.  Her DA Form 2-1 (Personnel Qualification Record) shows she was awarded or authorized the following awards:

* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  On 9 December 1993, the applicant's unit commander informed her of the intent to process her for separation under the provisions of chapter 11, Army Regulation 635-200 (Personnel Separations).  The unit commander cited the applicant's record of AWOL and inability to adapt to the Army as the basis for the action.  The applicant acknowledged receipt of the separation notification and her understanding that if approved, she would receive an uncharacterized discharge.

5.  On an unknown date, the separation authority approved the applicant's separation for performance and conduct while in an entry-level status (ELS).  The separation authority directed that the applicant be separated under the provisions of chapter 11, Army Regulation 635-200, and that her service be uncharacterized based on her ELS.

6.  On 16 December 1993, the applicant was discharged accordingly.  At the time of her separation she had completed 4 months and 8 days of active military service.

7.  The applicant provides letters of support from her sister and stepfather.  These individuals indicate the applicant's drill sergeant went beyond protocol and was abusive to her as well as other women during AIT.

8.  There is no evidence indicating the applicant applied to the Army Discharge Review Board for an upgrade to her discharge within that board's 15-year statute of limitations.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-9 contains guidance on ELS separations.  It states that a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated.

10.  Chapter 11 of Army Regulation 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an ELS.  An uncharacterized service description is normally granted to Soldiers separating under this chapter.  A general discharge is not authorized under ELS conditions and an honorable discharge is rarely ever granted.  An honorable discharge may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that her uncharacterized discharge be changed to a general discharge.

2.  The evidence of record confirms that separation action was initiated on the applicant while she was in an ELS status prior to completing 180 days of continuous active military service.  The record further shows the applicant's separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  The record also shows the applicant's service was described as uncharacterized as a result of her being separated while in an ELS status.  A Soldier is in an ELS status, or probationary period, for the first 180 days of continuous active duty.  The issuance of a general discharge to members in an ELS status is not authorized and an honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  Given no such unusual circumstances are present in the applicant's record, there is an insufficient evidentiary basis to support any change to the characterization of her service as uncharacterized.

4.  Finally, the evidence of record contained no documents showing the applicant ever made any reports of verbal or any other type of abuse towards her or harassment against her by her drill sergeant during her tenure on active duty to corroborate her claim.

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)                                         AR20100014926



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ABCMR Record of Proceedings (cont)                                         AR20100014926



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