IN THE CASE OF:	  

		BOARD DATE:	    2 August 2011

		DOCKET NUMBER:  AR20110000357 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service as honorable instead of uncharacterized.

2.  The applicant states he believes his characterization of service was improperly entered on his DD Form 214 because of an error in his social security number.  He contends that he had never received any type of discipline while in the U.S. Army and that his conduct and performance was never less than stellar.

3.  The applicant provides two copies of his DD Form 214, one with an incorrect social security number and another with the correct social security number.  He also provides a DD Form 215 (Correction to DD Form 214) adding an award and his foreign service.

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.  On 19 November 1991, the applicant enlisted in the Regular Army.  He enlisted for Special Forces training and he was assigned to Fort Bragg, NC.

3.  On 25 March 1992, the applicant was identified as having failed to successfully complete the Special Forces Assessment and Selection Course.  Therefore, initiation of a chapter action was initiated by the applicant's commander.

4.  On 2 April 1992, the applicant was notified by memorandum of his relief from further Special Forces Training and that he would be separated from active duty in accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Personnel)

5.  On 8 April 1992, the applicant was notified by his commander of action being taken to separate him from the service under the provisions of Army Regulation 635-200, chapter 11, due to his failure to successfully complete the Special Forces Assessment and Selection Course as stated in his enlistment contract.  

6.  On 15 April 1992, the applicant was advised by counsel of the basis for the contemplated separation action and of the rights available to him.  He understood that he may be given an entry level separation with service uncharacterized if he was to be separated from the service.  He elected not to submit a statement in his own behalf.

7.  On 20 April 1992, the appropriate authority approved the recommendation and directed the applicant be released from active duty under the provisions of Army Regulation 635-200, chapter 11, with service as uncharacterized.  He further directed the applicant's transfer to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve) to complete his remaining Reserve obligation.

8.  On 4 May 1992, the applicant was released from active duty accordingly.  He completed 5 months and 16 days of creditable active service.  The DD Form 214 he was issued at the time shows in:

* item 3 (Social Security Number) the entry "xx5-xx-xxxx"


* item 25 (Separation Authority) the entry "Army Regulation 635-200, chapter 11-3a"
* item 26 (Separation Code) the entry "LGA"
* item 28 (Narrative Reason for Separation) the entry "Entry Level Status Performance and Conduct"

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

10.  Army Regulation 635-200 governs the policies and procedures for the separation of enlisted personnel.  It states:

	a.  chapter 11 establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct (or both) while in an entry level status.  Separation of a Soldier in entry level status may be warranted on the grounds of unsatisfactory performance and/or unsatisfactory conduct as evidenced by, among other reasons, inability.  This policy applies to Soldiers who, among other reasons, have demonstrated they are not qualified for retention because, among other reasons, they cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.

	b.  separation under this chapter applies to Soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life.

	c.  entry level status is defined as the first 180 days of continuous active duty.  It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized.

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code LGA is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 11 by reason of entry level performance and conduct.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service as honorable because he had never received any type of discipline while in the U. S. Army and that his conduct and performance was never less than stellar.

2.  The available evidence clearly shows that the applicant failed to complete the Special Forces Assessment and Selection Course; therefore, action was initiated to accordingly separate him.  Furthermore, he acknowledged at the time his understanding that he would receive an uncharacterized service based on his entry level status.

3.  Failure to complete the rigorous Special Forces course requirements is not necessarily a negative reflection on the applicant's conduct or normal performance.  Nevertheless, it appears he did not have the ability to complete the strenuous course prerequisites and he was separated while he was still in an entry level status.

4.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

5.  The applicant's characterization of service as uncharacterized appears to be correct.  Therefore, there is no error or injustice.

6.  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.  As a result, there is no basis for granting the applicant's request for an honorable discharge.

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)                                         AR20110000357



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ABCMR Record of Proceedings (cont)                                         AR20110000357



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