IN THE CASE OF:
BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110010347
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 her character of service be changed to a general discharge.
2. The applicant states her record is in error due to the fact she had been injured at no fault of her own while attending basic training.
3. The applicant provides no documentary evidence.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the U.S. Army Reserve (USAR) on 23 September 1983 for a period of 6 years. She was ordered to active duty for training on
31 May 1984 for 15 weeks or completion of basic and military occupational specialty training.
3. Records show she was counseled on lack of improvement in physical training (push-ups), unsatisfactory development, lack of self-discipline and motivation, and failure to pass the physical training test.
4. On 1 October 1984, the applicants unit commander initiated action to separate her under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 11, for entry level status performance and conduct. The commander cited the applicant's unsatisfactory progression and performance.
5. She acknowledged notification of her proposed separation and that she would receive an entry level separation with uncharacterized service. She declined the opportunity to consult with counsel and she did not make a statement on her own behalf. She also declined a separation physical.
6. The separation authority approved the recommendation for separation and directed that the applicant receive an uncharacterized discharge.
7. On 22 October 1984, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a, for entry level status performance and conduct. She completed 4 months and 22 days of creditable active service.
8. Item 24 (Character of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the entry "ENTRY LEVEL STATUS."
9. There is no evidence which shows she was injured in basic training.
10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 (Entry Level Performance and Conduct) of this regulation provides for the separation of personnel due to unsatisfactory performance or conduct (or both) while in an entry level status. This provision of regulation applied to individuals who had demonstrated inability, lack of reasonable effort, or failure to adapt to the military environment. The regulation states that a Soldier is in an entry level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. The Soldiers service is uncharacterized when separated under this chapter.
11. Army Regulation 635-200 states that a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status. Entry level status is defined as the first 180 days of continuous active duty.
12. 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.
DISCUSSION AND CONCLUSIONS:
1. She contends she was injured in basic training. However, there is no evidence and she provided no evidence to support this contention.
2. The governing regulation states a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in an entry level status. The applicant was in an entry level status when she was discharged on 22 October 1984. Therefore, her character of service is properly reflected in item 24 on her DD Form 214.
3. An entry level status (uncharacterized discharge) is not meant to be a negative reflection of a Soldiers 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.
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) AR20110010347
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ABCMR Record of Proceedings (cont) AR20110010347
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