IN THE CASE OF:
BOARD DATE: 13 January 2011
DOCKET NUMBER: AR20100015773
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 his entry level status (ELS) discharge be changed to an honorable discharge.
2. The applicant states the United States Postal Service used it as a basis for not hiring him for temporary employment.
3. The applicant provides no additional documentation to substantiate his request.
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 and entered basic training in the Regular Army on 5 September 1990 at the age of about 18 1/2 years.
3. He was formally counseled on 4 October 1990 about his poor performance and lack of progress in training and warned of the prospect of ELS if he did not improve.
4. A formal counseling statement, dated 9 October 1990, noted his continuing poor performance and lack of progress. Phase I testing had produced only four first time "Go" ratings while seven other tests had required 13 retakes. He had not completed Phase I and was referred to the 1st Sergeant with a recommendation for ELS.
5. On 10 October 1990 the applicant was formerly counseled for repeated failure to reach formations on time. This formal counseling record noted previous verbal counseling on "numerous occasions".
6. On 17 October 1990 he was notified of recommended separation for ELS. He was advised that he had the right to consult with counsel and to submit statements in his own behalf.
7. The applicant consulted with counsel and submitted a statement in which he contended that he had been inadequately counseled because his first formal counseling did not occur until 4 October, yet he was recommended for separation on October 9th. He contended that he had not had any discipline problems and requested retention.
8. The separation authority approved the recommendation and directed an uncharacterized separation due to entry level status. On 24 October 1990 the applicant was separated. He had 1 month and 24 days of creditable service.
9. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides for:
a. separation with service characterized as honorable, general (under honorable conditions), or under other than honorable conditions.
b. entry level status service will be uncharacterized [Emphasis added] and so indicated except when under other than honorable conditions is authorized and warranted by the circumstances of the case or an honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.
c. Soldiers separated with less than 181 days of continuous active military service who have completed training and been awarded an MOS, and have reported for duty at a follow-on unit will also received an uncharacterized separation
10. Paragraph 3-7a of the regulation 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, or is otherwise so meritorious that any other characterization would be clearly inappropriate.
11. 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 Soldiers separation specifically allows such characterization.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants his ELS discharge changed to an honorable discharge because that will improve his employability.
2. The Board grants relief in cases of error or injustice. An applicant's employability is not normally a basis for changing a record.
3. 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.
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) AR20100015773
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100015773
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090000626
He claims that prior to his 16 August 1991 REFRAD, he had been issued five other separation documents, which characterized his service as Honorable and that he had continuously served in an active status in either the United States Army Reserve (USAR) or Army National Guard (ARNG), in both a commissioned and enlisted status, from 9 November 1976 through his placement on the Retired List on 7 July 1994, with no break in service. The DD Form 214 he was issued for this period of active duty...
ARMY | BCMR | CY2007 | 20070002449C071029
The evidence of record confirms the applicant completed BCT on 21 July 1989, and did not enter active duty to complete AIT until 2 July 1990. Given the applicant was separated prior to completing 90 days of active duty service during her AIT phase of training, her service was properly described as uncharacterized in accordance with the applicable regulation. Therefore, the time for her file a request for correction of any error or injustice expired on 5 September 1993.
ARMY | BCMR | CY2011 | 20110003527
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "Honorable" instead of "Uncharacterized" and issuance of a new DD Form 214 to show this correction. The regulation states that if a Soldier is in an entry level status (ELS) at the time of PDES processing the DD Form 214 will describe service as...
ARMY | BCMR | CY2011 | 20110024574
Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), Chapter 3 (Character of Service/Description of Separation), states service of Soldiers in an entry level status (ELS) will be described as "uncharacterized." Paragraph 4-2h (Discharge or REFRAD upon termination of enlistment, and other periods of active duty or active for training), states ARNG and U.S. Army Reserve (USAR) Soldiers who are in ELS and who successfully complete a period of IADT their service will be...
ARMY | BCMR | CY2014 | 20140002997
Application for correction of military records (with supporting documents provided, if any). On 1 October 1991, the separation authority approved the applicant's discharge while in an ELS status. Further, the record shows the applicant's service was described as uncharacterized as a result of his being discharged while in an ELS status.
ARMY | DRB | CY2013 | AR20130007015
It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized. The Regulation also provides, except in cases of serious misconduct, that a Soldiers service will be uncharacterized when the separation is initiated while...
ARMY | BCMR | CY2009 | 20090005163
Application for correction of military records (with supporting documents provided, if any). There is no evidence indicating the applicant applied to the Army Discharge Review Board (ADRB) for a change to his discharge within that board's 15-year statute of limitations. The record also shows the applicant's service was described as uncharacterized as a result of his being separated while in ELS.
ARMY | BCMR | CY2011 | 20110023494
On 23 May 2012, the applicant's unit commander notified the applicant that he was initiating action to separate him under the provisions of chapter 11, Army Regulation 635-200, by reason of entry-level performance and conduct. Army Regulation 635-200 provides that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. The evidence of record confirms that separation action was initiated on the...
ARMY | BCMR | CY2012 | 20120007315
The applicant requests, in effect, an upgrade of his entry level status (ELS) performance and conduct discharge to show his service was honorable instead of uncharacterized. 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 (emphasis added). It states that the SPD code of "JGA" is the appropriate code to assign Soldiers separated under...
ARMY | BCMR | CY2011 | 20110014465
The applicant requests correction of items 26 (Separation Code) and item 27 (Reentry Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant's unit commander notified the applicant that he was initiating action to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12b, by reason of misconduct based on his inability or unwillingness to adjust to the military way of life and to...