IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110003780 


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 discharge be changed from uncharacterized to an honorable discharge for hardship.

2.  He states he was traumatized by events that were out of his control.  His discharge was not a conduct issue.

3.  He provides a self-authored statement, his DD Form 214 (Certificate of Release or Discharge from Active Duty), correspondence to the Army Discharge Review Board (ADRB), an ADRB Case Report and Directive, and a Certificate of Death.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 24 May 2007.

2.  On 26 September 2007, his drill sergeant counseled him upon his return from convalescent leave.  The DA Form 4856 (Developmental Counseling Form) completed on that date shows his drill sergeant stated:

Private [Applicant], you are being counseled on your return from convalescent leave and the unfortunate death of your sister during that time.  Being the sole surviving sibling in your immediate family, you have expressed great concern for your parents' emotional well being and your desire to be home by their side in this time of grief.

I am recommending that you attempt to continue training to the best of your ability.  I will allow you ample time to communicate with your family via telephone and any other means available.  We will talk again at a later date to determine if further action is necessary.

3.  The applicant signed the form and indicated he agreed with the information provided.

4.  On 30 September 2007, he was again counseled by his drill sergeant regarding the death in his immediate family.  The DA Form 4856 completed on that date shows his drill sergeant stated:

PVT [Applicant], on 26 September 2007, you were counseled on the unfortunate death of your sister and the concern you had for your parents' emotional well being.  We also discussed the feasibility of you returning home to be with your family to help them deal with the loss of your sibling.

During that session, I recommended that you attempt to continue training to the best of your ability.  I told you I would allow you ample time to communicate with your family via telephone and any other means available.  This arrangement does not appear to be having any affect on improving the situation.  Your concern for your parents and your grief over the loss of your sibling is greatly affecting you ability to participate as an effective member of your platoon.  It is also detracting from the training of the other members of your platoon.

I am recommending to the commander that you be separated from the military in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11 (Entry Level Status Performance and Conduct) on the grounds you are unable to adapt to a military environment.

5.  The applicant signed the form and indicated he agreed with the information provided.

6.  On 1 October 2007, the applicant provided a statement on a Fort Benning Infantry Training Brigade Form 8 (Initial Counseling Support Form).  He stated:

I turned to the Army to serve my country and enjoy the opportunity to get in great shape.  I love the Army.  I am very family oriented.  I had one sister and she died in a car accident.  I was very close with her.  I wanted to stay in the Army for a while and go to airborne school.  Now I have to take care of my mother and my father who is a sick old man.  I had great expectations for myself in the Army, but unfortunately other circumstances are not permitting me.  I now have more important responsibilities – my family.

7.  On 2 October 2007, he was counseled again by his drill sergeant regarding the death in his immediate family and failure to adapt.  The DA Form 4856 completed on that date shows his drill sergeant stated:

PVT [Applicant], you have been counseled by your drill sergeants on the unfortunate death of your sister and the affect it has had on you in relationship to your being in the military.  The loss of their child has placed an enormous emotional burden on your parents and you, being the sole surviving sibling, want to be with them to help them through their grief.

We have given you ample time to overcome this situation and continue training to become an infantryman, but it does not appear that you will be successful.  Your concern for your parents and their grief over the loss of your sibling is greatly affecting your ability to participate in training.  It is also detracting from the training of the other members of your platoon by monopolizing the attention of your chain of command.

I am recommending your for separation from the military in accordance with Army Regulation 635-200, chapter 11 (Entry Level Performance and Conduct) on the grounds you are unable to adapt to a military environment.

8.  The applicant signed the form and indicated he agreed with the information provided.

9.  On 4 October 2007, his commander notified him he was initiating action to separate him for entry level performance and conduct under the provisions of Army Regulation 635-200, chapter 11, paragraph 11-3.  His commander stated the reason for the proposed action was his inability to mentally and physically integrate back into training since his return to duty.  His commander noted he had been counseled several times regarding his inability to perform, but he did not make an improvement.  His commander informed him he was recommending an entry-level separation (uncharacterized) and advised him of his right to consult with counsel, to submit written statements on his own behalf, and to obtain copies of documents that would be sent to the separation authority in support of the proposed separation.  The applicant provided his signature acknowledging receipt of notification.

10.  The applicant waived his right to counsel, elected not to submit statements on his own behalf, and acknowledged he understood that Department of Veterans Affairs and other benefits normally associated with completion of service would be affected.

11.  On 4 October 2007, the separation authority approved his separation and directed issuance of an entry-level separation (uncharacterized).  On 18 October 2007, he was discharged.  Item 25 (Separation Authority) of his DD Form 214 shows the separation authority as Army Regulation 635-200, chapter 11, and item 24 (Character of Service) shows the entry "uncharacterized."

12.  On 22 November 2010, the ADRB informed him his request for a change in the character of and/or reason for his discharge was denied.

13.  His record is void of documentation showing he applied for discharge due to hardship or dependency.

14.  In his self-authored statement, he states he was doing well until the last week of basic combat training when he became ill.  He was diagnosed with mononucleosis and sent home on convalescent leave because it was highly contagious.  On the day he was to return from convalescent leave, his younger sister was killed in a car accident.  He had to bury his only sibling and help his mother care for his sick father, an honorably-discharged Vietnam veteran who was 100-percent disabled.  Against his family's wishes, he returned to Fort Benning and was given the option by his first sergeant to be honorably discharged to take care of his family.  He was promised a hardship discharge and was finally sent home on 18 October 2007.  He states he cannot possibly see how being sent home was his fault.  He had no conduct problems.  He was promised something he did not receive and is extremely upset with that.  He loved the Army and now, when he needs them the most, benefits are not available.

15.  The Certificate of Death he provides shows his father died on 10 December 2010.

16.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 6 provides for separation of personnel for the convenience of the government because of dependency or hardship.  Dependency exists when death or disability of a member of a Soldier's (or spouse's) immediate family causes that member to rely upon the Soldier for principal care or support.  Hardship exists when in circumstances not involving death or disability of a member of the Soldier's (or spouse's) immediate family, separation from the service will materially affect the care or support of the family by alleviating undue and genuine hardship.  The Soldier must request separation from the service because of dependency or hardship in writing and the application must be accompanied by evidence substantiating the dependency or hardship conditions.  If the application is approved and the Soldier is still in an entry-level status, service will be described as uncharacterized.

	b.  Chapter 11 provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status.  This provision applies to individuals who demonstrate they are not qualified for retention because they cannot adapt socially or emotionally to military life; because they lack the aptitude, ability, motivation, or self discipline for military service; or because they demonstrate characteristics not compatible with satisfactory continued service.  The separation policy applies to Soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  Army Regulation 635-200 requires an uncharacterized description of service for separation under chapter 11.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request to change his uncharacterized discharge to an honorable discharge for hardship.

2.  His record is void of documentation showing he applied for a discharge due to hardship or dependency when he returned to duty after his convalescent leave and the death of his sister.  The governing regulation requires that the Soldier submit a written application for this type of discharge with evidence substantiating the dependency or hardship conditions.  The applicant should note that because he was in an entry-level status, discharge for hardship or dependency would have resulted in the same uncharacterized discharge he received under the provisions of Army Regulation 635-200, chapter 11.

3.  There is no reason to doubt he sincerely attempted to reintegrate into training upon his return to duty and the fact that he attempted to do so is admirable.  Unfortunately, the record indicates his duress prevented his success.  Although he states he was promised a hardship discharge, the record shows he acknowledged his commander's recommendation for separation for entry-level performance and conduct, was aware of his rights, and was aware of the effects of such a discharge.

4.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant a discharge under other than honorable conditions.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.  The entry-level separation is given regardless of the reason for separation.  This uncharacterized discharge is neither positive nor negative; it is not derogatory.  It simply means the Soldier did not serve on active duty long enough to qualify for a specified characterization of service.

5.  In view of the foregoing, there is an insufficient basis for granting the requested relief.

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 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)                                         AR20110003780



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ABCMR Record of Proceedings (cont)                                         AR20110003780



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