IN THE CASE OF:	  

		BOARD DATE:	  14 DECEMBER 2010

		DOCKET NUMBER:  AR20100017829 


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 change of his uncharacterized discharge to honorable discharge based on his Honorable Discharge Certificate.

2.  The applicant states, in effect, he finished his Individual Ready Reserve (IRR) obligation and he received an honorable discharge in 1988.

3.  The applicant provides a copy of his Honorable Discharge Certificate, dated 21 September 1988.

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 enlisted in the Regular Army on 22 September 1982.  He was assigned to Fort McClellan, AL for military police One Station Unit Training (OSUT).

3.  A DA Form 4856 (General Counseling Form) shows that between January 1983 and February 1983, the applicant was counseled on eight separate occasions for the failing three Army Physical Fitness Tests (APFT), for being absent without leave (AWOL) on 5 February 1983, for failing to do remedial physical training (PT) on three occasions, and for a lack of motivation since being assigned to his unit.

4.  On 16 February 1983, the applicant's unit commander informed the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11 (Trainee Discharge Program), by reason of entry-level status (ELS) performance and conduct.  The unit commander cited the applicant's inability to pass the APFT and other required training and his lack of self-discipline and motivation for continued active duty service.  The applicant acknowledged that he understood the basis for the contemplated separation action and that if approved, he would receive an ELS separation with service as uncharacterized.  The applicant elected not to submit a statement in his own behalf.

5.  On 24 February 1983, the separation authority approved the applicant's release from active duty and transfer to the IRR under the provisions of Army Regulation 635-200, chapter 11, and that his service be uncharacterized based on his ELS.  On 1 March 1983, the applicant was discharged accordingly.
Item 24 (character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active duty) shows the entry "Uncharacterized."  At the time of his separation he had completed 5 months and 10 of creditable active military service.

6.  There is no evidence the applicant applied to the Army Discharge Review Board for a change to his discharge within that board's 15-year statute of limitations.

7.  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, in pertinent part, that 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.

8.  Army Regulation 635-200, chapter 11, provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry-level status.  An uncharacterized service description is normally granted to Soldiers separating under this chapter.  A general under honorable conditions 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.

9.  Army Regulation 635-200 governs the current policies and procedures for the separation of enlisted personnel.  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.  

10.  Army Regulation 635-200, paragraph 3-7b, states 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.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service.  It establishes standardized policy for the preparation of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and found to be insufficient in merit.

2.  The evidence of record confirms that separation action was initiated on the applicant prior to completing 180 days of continuous active military service.  The record further shows that 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 his being separated while in an entry-level status.  A Soldier is in an ELS or a probationary period for the first 180 days of continuous active duty.  The issuance of a general discharge to members in an entry-level status is not authorized.  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 description (characterization) of his service.

4.  An uncharacterized discharge 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 provided an Honorable Discharge Certificate that was issued for his honorable service in the IRR.  The DD Form 214 is prepared for Soldiers upon retirement, discharge, or release from active military service (emphasis added).  Therefore, since his Honorable Discharge Certificate was issued as a result of his IRR service, not his active duty service, there is no basis for granting the applicant's request.

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)                                         AR20100017829



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ABCMR Record of Proceedings (cont)                                         AR20100017829



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