IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100027936 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show honorable.

2.  The applicant states:

* He was attacked by drill sergeants and had a nervous breakdown
* He was discharged while suffering from mental conditions as a result of the attack
* The Article 15 found no rounds on him but supposedly rounds were found on him at the hospital where he reported the attack
* He was given 100 percent disability benefits by the Department of Veterans Affairs (VA) and Social Security because of the attack

3.  The applicant provides no documentary 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.  He enlisted in the Regular Army on 28 August 1986 for a period of 4 years.  

3.  On 3 October 1986, nonjudicial punishment (NJP) was imposed against him for disobeying a lawful order from several different drill sergeants and absenting himself from his platoon area for 40 minutes.

4.  His psychiatric evaluation is not available.  However, discharge proceedings under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-13, for a personality disorder were initiated on 1 October 1986 due to his "psychiatric diagnosis of behavioral and attitudinal problems."  On 
3 October 1986, he consulted with counsel and elected not to submit a statement in his own behalf.  On 9 October 1986, the separation authority approved the recommendation and directed that the applicant be furnished an entry level separation (uncharacterized).

5.  On 14 October 1986, he was discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for a personality disorder.  He had completed 1 month and 17 days of creditable active service.

6.  Item 24 of his DD Form 214 shows the entry "ENTRY LEVEL SEP [Separation] - UNCHARACTERIZED."

7.  There is no evidence he was the victim of vicious attacks by his drill sergeants.

8.  There is no evidence he was found with contraband (rounds).   

9.  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.


10.  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.  

11.  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.

12.  Title 38, U.S. Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not required by law to determine medical unfitness for further military service.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.

DISCUSSION AND CONCLUSIONS:

1.  His contentions were carefully considered.  However, there is no evidence he was the victim of vicious attacks by his drill sergeants and there is no evidence he was found with contraband (rounds).   

2.  The governing regulation states a separation will be described as an entry level separation with service uncharacterized if processing is initiated during a Soldier's first 180 days of active service.  The applicant was in an entry level status when he was discharged on 14 October 1986.  Therefore, there is no basis for granting his request.  

3.  An entry level status (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.  

4.  The rating action by the VA does not necessarily demonstrate an error or injustice on the part of the Army.  The VA, operating under its own policies and regulations, assigns disability ratings as it sees fit.  



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)                                         AR20100027936



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ABCMR Record of Proceedings (cont)                                         AR20100027936



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