BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100025157 


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 upgrade of his entry level discharge, from an uncharacterized to an honorable characterization of service.  

2.  The applicant states he completed his reserve obligation on 19 October 
1988 and was honorably discharged.  His contends his record should reflect the correct character of service for the reason of employment.

3.  The applicant provides 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 record shows he enlisted in the Regular Army on 20 October 1982.  
3.  On 1 February 1983, the unit commander informed the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 11, by reason of entry level status (ELS) performance and conduct.  The unit commander cited the applicant's lack of motivation to become a productive Soldier, lack of self discipline, and untrainability, as the bases for taking the action.  The applicant acknowledged receipt of the separation notification.  

4.  On 1 March 1983, the separation authority approved his separation for performance and conduct while in an ELS.  The separation authority directed he be separated under the provisions of Army Regulation 635-200, chapter 11.  He further directed the applicant be transferred to the Individual Ready Reserve.

5.  On 1 March 1983, he was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) accordingly.  At the time of his separation, he had completed 4 months and 12 days of active military service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows:

* Item 23 (Type of Separation) – Relief from active duty
* Item 24 (Character of Service) – Uncharacterized
* Item 25 (Separation Authority) – AR 635-200 para 11-3a
* Item 28 (Narrative Reason for Separation) – Entry Level Status Performance and Conduct

6.  There is no indication he applied to the Army Discharge Review Board for an upgrade to his discharge within its 15-year statute of limitations.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3 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.  Chapter 11 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.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests upgrade of his entry level discharge, from an uncharacterized to an honorable characterization of service.

2.  The applicant contends his discharge should be upgraded because he successfully completed his military obligation.  The record shows his character of service was described as uncharacterized as a result of his separation 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.  No such unusual circumstances are present in his record; therefore, there is an insufficient basis to support any change to the characterization of his service.

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

4.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  The applicant may want to so inform any potential employers

5.  In view of the above, his request should be denied.

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)                                         AR20100025157



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100025157



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1