IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110007828 


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 an upgrade of his general [sic] (uncharacterized) discharge to a fully honorable discharge.

2.  The applicant states while he was in PTRB (Physical Training Rehabilitation Program), his injuries were not healing.  He was told by his drill sergeant that his general discharge would be changed to honorable within 6 months after his separation due to the fact that his discharge was based on injuries, not misconduct. 

3.  The applicant did not provide any evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 January 2008 for a period of 6 years and proceeded to Fort Jackson, SC, for training.  He was assigned to Company B, 2nd Battalion, 13th Infantry Regiment. 

2.  His records show he failed a diagnostic Army Physical Fitness Test (APFT) on 28 February and 7 March 2008.  He was recommended by his company commander for a transfer to the PTRB.  The PTRB is an active training unit, not a holding unit.  The training is modified for a Soldier with a medical condition. 

3.  His records contain a history of counseling by members of his chain of command for various issues including failure to adapt, lack of motivation, and failure to adhere to the 7 Army values - specifically duty.
4.  On 14 May 2008, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, entry level performance and conduct.  Specifically, the immediate commander stated that the applicant lacked the necessary motivation, adaptability, self-discipline, ability, or attitude to become a productive Soldier.  Since his arrival, he had only gone through the motions in the rehabilitation program.  He was granted convalescent leave from 19 March to 1 April 2008 and ordinary leave from 2 to 7 May 2008.  Since his arrival back from leave, he had been late or failed to obey simple and basic commands.

5.  On 16 May 2008, the applicant acknowledged receipt of the notification of separation action.  He was advised of the basis for his contemplated separation and its effects, the rights available to him, and the effects of a waiver of his rights. He also acknowledged that he understood that if his discharge was approved, he would receive an entry level separation with an uncharacterized service.  He further acknowledged that may encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him and that he may make an application to the Army Discharge Review Board (ADRB) or Army Board for Correction of Military Records for an upgrade of his discharge; however, he acknowledged he realized that an act of consideration by either Board does not imply that his discharge would be upgraded.  He further elected not to submit a rebuttal in his own behalf.

6.  Subsequent to this acknowledgement, the applicant’s immediate commander recommended the applicant's separation from the Army under the provisions of Army Regulation 635-200, chapter 11, due to the applicant's inability to adjust to the military environment with the issuance of an entry level separation.

7.  On 19 May 2008, the applicant's intermediate commander recommended approval of the applicant's discharge with the issuance of an entry level separation.

8.  On 20 May 2008, the separation authority reviewed the proposed separation action and approved an entry-level separation (uncharacterized) in accordance with Army Regulation 635-200, chapter 11.  On 27 May 2008, the applicant was discharged accordingly.

9.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued confirms he was discharged under the provisions of chapter 11 of Army Regulation 635-200, by reason of entry level performance and conduct, with an uncharacterized character of service.  This form further confirms he completed a total of 4 months and 12 days of creditable active service.  
10.  On 13 August 2009, the ADRB denied his petition for an upgrade of his discharge. 

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry-level status.  It states in pertinent part that when separation of a member in entry-level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, the member normally will be separated per this chapter.  This separation policy applies to enlisted members of the Regular Army, who have completed no more than 180 days active duty on current enlistment by the date of separation, have demonstrated that they are not qualified for retention for one or more of the following reasons:  Cannot or will not adapt socially or emotionally to military life, cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or failed to respond to counseling.

12.  Chapter 3 of Army Regulation 635-200 describes the different types of characterization of service.  It states in pertinent part that an uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.

13.  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.

14.  Army Regulation 635-200, paragraph 3-7b, provides that 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that while in training, the applicant demonstrated he would or could not adapt to military life.  He lacked motivation and/or desire to become an effective Soldier, which is incompatible with satisfactory continued service.  Accordingly, his immediate commander initiated separation action against him.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant’s discharge accurately reflects his military service at that time.

2.  Contrary to the applicant's belief that he received a general discharge, his discharge was uncharacterized.  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 an under other than honorable conditions discharge.  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.  

3.  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 long enough to qualify for a specified characterization of service.

4.  The Army has never had a policy wherein a discharge is upgraded 6 months after a member's separation or due to passage of time.  In view of the foregoing, there is no basis for granting the applicant's 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 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)                                         AR20110007828



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ABCMR Record of Proceedings (cont)                                         AR20110007828



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