IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110012293 


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 upgrade of her uncharacterized character of service to an honorable discharge.

2.  The applicant states she was chaptered out for her inability to adapt with an uncharacterized discharge after being a victim of military sexual trauma.

3.  The applicant did not provide any 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 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 12 June 1991.  She was subsequently assigned to Fort Jackson, SC, for completion of training.  She was assigned to Company E, 3rd Battalion, 28th Infantry, 1st Basic Training Brigade.
3.  On 11 July 1991, the applicant's immediate commander notified her of his intent to initiate separation action against her under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11 by reason of entry-level status, specifically due to repeated sick-call rides, missing training, misuse of prescribed medications as a suicide gesture, being manipulative, and lack of motivation.  She was further advised that if the recommendation for separation was approved, she would receive an entry-level separation with uncharacterized service.

4.  On 16 July 1991, she acknowledged receipt of the notification separation action in accordance with Army Regulation 635-200, chapter 11.  She indicated that:

* she did not desire to consult with consulting counsel
* she did not desire to submit a statement in her own behalf
* she waived her right to a separation medical examination

5.  On 12 July 1991, the applicant's immediate commander initiated separation action against her in accordance with Army Regulation 635-200, chapter 11.  He indicated the applicant lacked motivation and she could not or would not adapt to military life. 

6.  On 13 July 1991, the applicant's intermediate commander recommended approval of the applicant's discharge.

7.  On 17 July 1991, the separation authority approved the applicant's discharge from the Army in accordance with Army Regulation 635-200, chapter 11 with an uncharacterized character of service.  Accordingly, the applicant was discharged on 25 July 1991.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) confirms she was discharged in accordance with Army Regulation 635-200, chapter 11 with an uncharacterized character of service.  This form also shows she completed 1 month and 14 days of creditable active service.

8.  There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of her discharge within that board’s 15-year statute of limitations.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation, in effect at the time, provided 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 that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self discipline for military service, or they had demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  This chapter applied to Soldiers who were in an entry-level status and, before the date of the initiation of separation action, completed no more than 180 days of continuous active duty.  The regulation required an uncharacterized description of service for separation under this chapter.

10.  Army Regulation 635-200, chapter 3, 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 condition 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.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the characterization of service on her DD Form 214 should be changed from "uncharacterized" to "honorable."

2.  The available evidence shows that while in training, she lacked motivation and she was unable to adapt to military life.  Accordingly, her immediate commander recommended her separation under the provisions of Army Regulation 635-200, chapter 11.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, her separation accurately reflects her overall record of service.

3.  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 the characterization must be approved by The Secretary of the Army.  

4.  An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his/her character of service to be rated as honorable or otherwise.

5.  There is no evidence of her records and she did not provide any evidence that shows she was subject to sexual trauma or that she addressed this issue with the appropriate authorities or that this issue caused her entry-level status discharge.  As a result, there is no basis for granting her request.

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)                                         AR20110012293



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ABCMR Record of Proceedings (cont)                                         AR20110012293



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