IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110013284 


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 his uncharacterized discharged be upgraded to an honorable discharge (HD).

2.  The applicant states he believes his discharge is unjust as his service was honorable and because he was separated as a result of a mental disability that was aggravated by service.

3.  The applicant provides no additional 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's record shows he enlisted in the U.S. Army Reserve (USAR) on 10 July 1987.  On 9 February 1988, he entered initial active duty for training.  He completed basic training at Fort Dix, New Jersey, in April 1988 and was assigned to Fort Belvoir, Virginia, to attend advanced individual training.  His record documents no acts of valor or significant achievement.

3.  On 12 May 1988, the applicant underwent a mental status evaluation.  The examining psychiatrist determined the applicant suffered from an adjustment disorder with mixed emotional features and a mixed personality disorder with schizotypal and avoidant features.  The examining physician also cleared the applicant for an entry-level separation.

4.  On 16 May 1988, a student action request was submitted recommending that the applicant be recycled to another class.  The basis for the request was the applicant's hospitalization.

5.  The applicant's unit commander informed the applicant of the intent to process him for separation by reason of entry-level status (ELS) performance and conduct under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11.  The unit commander cited the applicant's inability to adapt socially or emotionally to military life, his demonstrated character and behavioral characteristics not compatible with satisfactory continued service, and a mental health activity recommendation for the applicant's separation as the reasons for taking the action.

6.  The applicant consulted with legal counsel and was advised of the basis for the contemplated separation and its effects, the rights available to him, and the effect of a waiver of those rights.

7.  The separation authority approved the applicant's separation for ELS performance and conduct under the provisions of Army Regulation 635-200, chapter 11.

8.  On 9 June 1988, the applicant was discharged after completing 4 months, and 1 day of active military service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was separated by reason of ELS performance and conduct under the provisions of Army Regulation 635-200, chapter 11, and that his service was described as uncharacterized.

9.  There is no evidence indicating the applicant applied to the Army Discharge Review Board for a change to his discharge within that board's 15-year statute of limitations.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.   Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an ELS.  An uncharacterized service description is normally granted to Soldiers separating under this chapter.  A general discharge (GD) under honorable conditions is not authorized under ELS conditions and an HD is rarely ever granted.  An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.

11.  Entry-level states for a member of a Reserve component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins upon enlistment in a Reserve component.  Entry-level status of such a member of a Reserve component terminates (a) 180 days after beginning training if the Soldier is ordered to active duty for training (ADT) for one continuous period of 180 days or more; or (b) 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.  For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his discharge be upgraded because it was the result of a mental disability that was aggravated by service and was unjust has been carefully considered.  However, his record, while showing he suffered from non-disabling character and behavior disorders, contains no evidence indicating his conditions supported his separation processing through medical channels.

2.  The evidence of record confirms that separation action was initiated while he was in an ELS.  The record further shows his separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  The record also shows the applicant's service was described as uncharacterized as a result of being separated while in an ELS.  A Reserve Soldier is in an ELS, or probationary period, for the first 180 days after beginning training and the issuance of a GD to members in an ELS is not authorized.  An HD may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  Given no such unusual circumstances are present in the applicant's record, there is an insufficient evidentiary basis to support any change to the description of his service as uncharacterized.



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 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)                                         AR20110013284



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ABCMR Record of Proceedings (cont)                                         AR20110013284



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