IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110008249 


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, in effect, correction of item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was discharged due to his mental health.

2.  The applicant states he was discharged due to his mental health and he still has not received mental health services.

3.  The applicant provides his DD Form 214 and a three-page Department of Veterans Affairs Eligibility Report.

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 records show he enlisted in the Regular Army on 5 March 1993.  He attended basic training while assigned to the 3rd Training Brigade, Fort Leonard Wood, MO.

3.  On 3 May 1993, he was counseled by his drill sergeant for failing to meet the standards for the end-of-cycle test (EOCT).  The drill sergeant stated the applicant passed only 9 of the 20 tasks on his first attempt and on the second attempt continued to fail all the tasks he was tested on.  Throughout the cycle, the applicant either failed or barely met the standards in every phase of basic training.  His inability to keep up was extremely distracting for the other platoon members and the drill sergeants as well.

4.  On 7 May 1993, he was notified by his immediate commander that discharge action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 11-3a, for failure to meet the prescribed standards.  The commander stated the applicant could not meet the standards for successful completion of EOCT due to his lack of ability and he was being recommended for an entry-level separation – uncharacterized.

5.  On 7 May 1993, he acknowledged receipt of the notification of his proposed discharge action and declined to consult with legal counsel.  He acknowledged he understood if his proposed separation were approved he would receive an entry-level separation – uncharacterized.  He also acknowledged that he was not required to undergo a medical examination or a mental status evaluation in accordance with Army Regulation 40-501(Standards of Medical Fitness).

6.  On 12 May 1993, the separation authority approved his discharge for unsatisfactory performance under the provisions of Army Regulation 635-200, paragraph 11-3a, and directed the issuance of an entry-level separation – uncharacterized.  On 17 May 1993, he was discharged accordingly.

7.  The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a, with an uncharacterized character of service.  This form shows he completed 2 months and 13 days of creditable active service.  Item 26 (Separation Code) shows the entry "JGA" and item 28 shows the entry "Entry Level Status Performance and Conduct."

8.  There is no evidence in the applicant's records that indicates he ever received medical care while in basic training or was diagnosed with or treated for a medical or mental health condition during his military service.

9.  Army Regulation 635-200, chapter 3, describes the different types of characterization of service.  The version of the regulation in effect at the time of his separation stated that an uncharacterized separation is an entry-level separation.  A separation is 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.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The separation code "JGA" is the correct code for Soldiers separating under Army Regulation 635-200, paragraph 11-3a, and "Entry Level Status Performance and Conduct" is the corresponding narrative reason for separation for this SPD code.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was discharged for failure to meet performance standards while in an entry-level status.  His narrative reason for separation was assigned based on his inability to meet the standards for successful completion of basic training under the provisions of Army Regulation 635-200, paragraph 11-3a.  This is the only valid narrative reason for separation permitted under that paragraph.  Therefore, the applicant received the proper narrative reason for separation.

2.  There is no evidence in the applicant's records and he did not provide any evidence to show he was treated for or diagnosed with any medical or mental health condition that limited his performance of duty while he was on active duty.

3.  In view of the foregoing, he is not entitled to 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)                                         AR20110008249



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ABCMR Record of Proceedings (cont)                                         AR20110008249



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