IN THE CASE OF:	  

		BOARD DATE:	    15 November 2011

		DOCKET NUMBER:  AR20110009756 


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 that his entry-level discharge be changed from “Uncharacterized” to honorable.

2.  The applicant states that he was 18 years of age and did not understand the different types of discharges and how they could affect him.  He goes on to state that now at age 37 he wants to make a career in law enforcement and he needs his discharge to reflect a characterization of “Honorable.”

3.  The applicant provides a one-page handwritten letter explaining his application.

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 was born on 22 March 1974 and enlisted in the Regular Army on 14 January 1994 for a period of 3 years and training as an infantryman.  He was transferred to Fort Benning, Georgia to undergo his one-station unit training. 

3.  On 21 January 1994, he was assigned to Company C, 2d Battalion, 58th Infantry Regiment, 2d Infantry Training Brigade and he received his initial counseling on platoon, company and battalion policies. 

4.  On 24 January 1994, he was counseled regarding his lack of motivation and his attitude towards the Army.  His drill sergeant indicated that since his arrival all he had spoken of with his drill sergeants was how bad he wanted to go home.

5.  On 31 January 1994, he was referred to the Community Mental Health Service for a mental status evaluation due to his inability to adjust to the military.  The examining psychologist indicated that the applicant reported vague thoughts of self-harm and going absent without leave (AWOL) with no plan/intent.  The applicant was psychiatrically cleared for any administrative action deemed appropriate by the command.

6.  During the period 21 January to 5 February 1994, the applicant was counseled on 14 different occasions for poor performance, insubordination, being disrespectful toward superiors, a lack of motivation, missing training, and Army Physical Fitness Test failures.  

7.  On 8 February 1994, the applicant’s commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 11-2, as an Entry Level Separation.  He cites as the basis for his recommendation the applicant’s inability to adapt socially or emotionally to military life and his repeated expressed desires to leave the Army since his arrival.

8.  The applicant declined to consult with counsel and waived all of his rights.  He also elected not to submit a statement in his own behalf.

9.  The appropriate authority approved the recommendation for discharge on 10 February 1994 and directed that his service be uncharacterized.

10.  Accordingly, he was discharged on 15 February 1994 under the provisions of Army Regulation 635-200, paragraph 11-3a, due to entry level status.  He had served 2 months and 15 days of active service and his service was uncharacterized.

11.  There is no evidence in the available records to show that the applicant applied to the Army Discharge Review Board for an upgrade of the characterization of his service within that board’s 15-year statute of limitations.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel and provides the guidance for characterizing service.  It provides, in pertinent part, that characterization will be determined solely by the Soldier’s military record which includes the Soldier’s behavior and performance of duty during the current enlistment or period of service to which the separation pertains. However, a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier in an entry level status.

13.  Army Regulation 635-200, chapter 11 provides for the separation of personnel for unsatisfactory performance or conduct (or both) while in an entry level status (less than 180 days of active service).  This policy applied to individuals who have demonstrated that they are not qualified for retention because they cannot meet the minimum standards prescribed for successful completion of training and they lack the aptitude, ability, motivation or self-discipline for military service, or that they have demonstrated characteristics not compatible with satisfactory continued service.  Personnel separated under this provision will be separated with their service uncharacterized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no violations or procedural errors which would have jeopardized his rights.

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate considering all of the available facts of the case.

3.  The applicant’s contentions have been noted.  However, given his otherwise undistinguished record of service during a short period of time, they are not sufficiently mitigating to warrant a change in the characterization of his discharge.

4.  While the applicant’s concerns are understandable, an uncharacterized separation is not intended to attach any stigma to the character of one’s service during such a limited period of time.  Unfortunately, the Board has no control over how prospective employers view uncharacterized service.  There is no basis to characterize his service in the manner he requests, based on the limited amount of time he served and the overall circumstances of his case.


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)                                         AR20110009756



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ABCMR Record of Proceedings (cont)                                         AR20110009756



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