BOARD DATE: 17 November 2011

		DOCKET NUMBER:  AR20110010853 


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 correction of his entry level status (uncharacterized) discharge to an honorable discharge.

2.  The applicant states he was told that his discharge would be changed to an honorable discharge 2 years after being separated from the Army.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 enlisted in the Regular Army on 25 April 1989 for a period of
5 years.

3.  Six DA Forms 4856 (General Counseling Forms) show the applicant was counseled for:

* sleeping in class on 2 June 1989
* improper behavior during a field training exercise on 21 June 1989
* using snuff during prohibited times/events on 23 and 24 June 1989
* failing to report on 26 June 1989
* lying to his drill sergeant about his whereabouts on 30 July 1989
* horse playing in violation of safety procedures on 31 July 1989

4.  On 30 August 1989, the applicant's commander notified the applicant that he was initiating action to discharge him from the U.S. Army under the provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), chapter 11 (Entry Level Status Performance and Conduct), and that his service would be uncharacterized.

   a.  The reason for the commander's action was that the applicant was too immature to be a Soldier.  He noted that the applicant was resentful of authority, constantly stated he could not handle the stress of being in the Army, and intentionally inflicted a physical injury on himself in order to draw attention to himself.
   
   b.  The commander advised the applicant that he would not be permitted to reenlist in the U.S. Army within 2 years from the date of separation.

   c.  The applicant refused counsel by a commissioned officer of the Judge Advocate General's Corps, elected not to make a statement in his own behalf, acknowledged he would receive an entry level separation with uncharacterized service, and indicated he understood that he would not be permitted to reenlist in the U.S. Army within 2 years from the date of separation.

5.  On 6 September 1989, the separation authority approved the applicant's entry level separation under the provisions of AR 635-200, chapter 11, with uncharacterized service.  The commander also waived the applicant's reassignment for rehabilitation purposes.


6.  The applicant's DD Form 214 shows he entered active duty this period on
25 April 1989 and he was separated on 11 September 1989.  He completed 4 months and 17 days of net active service.  It also shows in:

* item 24 (Character of Service) "Uncharacterized"
* item 25 (Separation Authority) "AR 635-200, Chapter 11"
* item 28 (Narrative Reason for Separation) "Entry Level Status Performance and Conduct"

7.  The applicant did not apply to the Army Discharge Review Board for change of his character of service within its 15-year statute of limitations.

8.  AR 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel.

   a.  Chapter 3, 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.

   b.  Chapter 11, paragraph 11-3, provides that the entry level policy applies to members who voluntarily enlisted in the Regular Army, have completed no more than 180 days of active duty on current enlistment by the separation date, and have demonstrated that they are not qualified for retention for one or more of the following reasons:

   	(1)  cannot or will not adapt socially or emotionally to military life;

   	(2)  cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or
self-discipline;

   	(3)  have demonstrated character and behavior characteristics not compatible with satisfactory continued service; and

   	(4)  have failed to respond to counseling (DA Form 2856).

   c.  Paragraph 11-6 (Type of separation) shows an entry level separation - uncharacterized is used for separation per this chapter.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his entry level status (uncharacterized) discharge should be changed because he was told that his discharge would be changed to an honorable discharge after 2 years of being separated from the Army.

2.  The applicant's contention was carefully considered.

	a.  Records show the commander notified the applicant that he was initiating action to discharge him under the provisions of AR 635-200, chapter 11, and that his service would be uncharacterized.  The applicant was also advised he would not be permitted to reenlist in the U.S. Army within 2 years from the date of separation.

   b.  There is no evidence, and the applicant provides insufficient evidence, to show he was told his uncharacterized service would be changed to honorable service.

3.  Records show that prior to the applicant completing 180 days of active service, the separation authority directed that the applicant be discharged under the provisions of AR 635-200, chapter 11.

4.  Records confirm the applicant's separation was administratively correct and in compliance with applicable regulations in effect at the time.

5.  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)                                         AR20110010853



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ABCMR Record of Proceedings (cont)                                         AR20110010853



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