IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110015668 


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 an upgrade of his entry level status uncharacterized discharge to an honorable discharge. 

2.  He states, in effect, he served only 3 months or so and he was not discharged for disciplinary reasons.  He was discharged because of his inability to run.  He’s unable to find a job with his discharge.  This makes his record appear bad.  

3.  He provides his DD Form 4/3 (Enlistment/Reenlistment Document – Armed of the United States) and DD Form 1966/7 (Application for Enlistment – Armed Forces of the United States).

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.  On 31 January 1984, the applicant enlisted in the Regular Army for a period of 3 years.  He was assigned to Fort Leonard Wood, MO, for basic training.  He was not awarded a military occupational specialty.

3.  His service record contains several adverse counseling statements for, in effect, a:

* negative attitude towards the military 
* lack of motivation
* negative effect on platoon morale 
* negative attitude towards physical training

4.  On 22 February 1984, the applicant's company commander notified him that he was initiating action to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, for entry level status performance and conduct.  He was advised of his rights.  He waived his rights in writing.  

5.  On 8 March 1984, the separation authority waived the rehabilitative requirement and approved the applicant's separation under the provisions of Army Regulation 635-200, chapter 11, for entry level status performance and conduct with uncharacterized service.

6.  On 9 March 1984, he was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a, for entry level status performance and conduct.  He completed 1 month and 9 days of active military service.  

7.  His service record does not indicate he applied to the Army Discharge Review Board within its 15-year statute of limitations.

8.  Army Regulation 635-200, chapter 11, establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct (or both) while in an entry level status.  It states separation under this chapter applies to Soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life.  Entry level status is defined as the first 180 days of continuous active duty.  It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in an active duty status only 3 months or so and he was not discharged for disciplinary reasons.  However, his service record shows he completed only 1 month and 9 days of active military service and he was discharged due to his conduct while in an entry level status.  

2.  He also contends he was discharged because of his inability to run.  However, the evidence of record shows he received adverse counseling statements for a negative attitude towards the military, a lack of motivation, a negative effect on platoon morale, and a negative attitude towards physical training.  

3.  His administrative separation under the provisions of chapter 11, Army Regulation 635-200, was accomplished in compliance with applicable regulations at the time.  His service record is void of procedural errors which would have jeopardized his rights.  There is no indication that the separation action was made under coercion or duress.

4.  He was in an entry level status at the time of discharge because he had served fewer than 180 days of active Federal service.  The determination that the applicant's service was "uncharacterized" was in compliance with the Army regulation governing separation of Soldiers while in an entry level status.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not been in the Army long enough for his/her character of service to be rated as honorable or otherwise.

5.  His statement in regard to him being unable to find a job is acknowledged.  However, employment is not a sufficiently mitigating reason to warrant relief in this case.  The ABCMR does not amend/or correct military records solely for the purpose of making the applicant eligible for employment or employment benefits.   

6.  Therefore, there is no apparent error or injustice on which to base recharacterization of his service to show he served honorably.

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)                                         AR20110015668



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ABCMR Record of Proceedings (cont)                                         AR20110015668



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