IN THE CASE OF:
BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110013025
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, change of her character of service from uncharacterized to a general discharge.
2. The applicant states:
* She did not complete her first full term because she was young, hurt, and she thought she could do it on her own
* She did not know the birth control she was taking at the time helped cause her medical problems
* She would like her discharge changed for future job purposes
3. The applicant provides:
* Service medical records
* Counseling form
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 14 April 1984. She enlisted in the Regular Army (RA) on 22 October 2003.
2. Records show she was diagnosed with tendonitis in both knees and hips.
3. On 10 January 2004, she was recommended for the Physical Therapy and Rehabilitation Program (PTRP) based upon an injury and the fact she was unable to continue in basic training.
4. On 10 February 2004, nonjudicial punishment was imposed against the applicant for disobeying a lawful order (possessing a cell phone and charger).
5. A memorandum, dated 11 February 2004, states the applicant arrived at the PTRP on 15 January 2004 due to an injury sustained while in basic training. Medical services initiated treatment but the applicant did not desire to participate in rehabilitation.
6. On 13 February 2004, she was counseled on her lack of motivation.
7. 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 lack of motivation as the reason for the proposed separation action. He also recommended she receive an entry level separation with an uncharacterized characterization of service.
8. On 18 February 2004, she acknowledged notification of the recommendation for her separation. Having been afforded the opportunity to consult with counsel she declined the opportunity to do so and elected not to make a statement in her own behalf.
9. The separation authority subsequently approved the recommendation for separation under the provisions of Army Regulation 635-200, chapter 11 with an uncharacterized discharge.
10. On 25 February 2004, the applicant was discharged accordingly by reason of entry level performance and conduct. She completed 4 months and 4 days of creditable active service.
11. Item 24 (Character of Service) of the DD Form 214 she was issued at the time shows the entry "Uncharacterized."
12. On 21 September 2010, the applicant petitioned the Army Discharge Review Board (ADRB) for an upgrade of her discharge from uncharacterized to a general discharge to be able to get job and education benefits to better herself. On
7 June 2011, after carefully reviewing her application, military records, and all other available evidence, the ADRB denied the applicant's request to upgrade her discharge.
13. 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 Soldiers service is uncharacterized when separated under this chapter.
14. 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.
15. 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. 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 25 February 2004. Therefore, her character of service is properly reflected in item 24 of her DD Form 214.
2. An 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.
3. 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) AR20110013025
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ABCMR Record of Proceedings (cont) AR20110013025
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