IN THE CASE OF:	  

		BOARD DATE:	  20 March 2012

		DOCKET NUMBER:  AR20110017994 


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:

The applicant requests upgrade of her entry level status uncharacterized discharge to an honorable discharge and her narrative reason changed to show she was discharged due to a mental condition.  

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel states the applicant’s discharge should have been at least a mental discharge since the problems were brought on by military training.  

2.  Counsel provides a statement, the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty), an Unlimited Durable Power of Attorney, and a psychiatric evaluation.  

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 U.S. Army Reserve (USAR) on 3 June 1994.  She was ordered to initial active duty for training on 31 August 1994.  She was not awarded a military occupational specialty.

3.  In a 20 September 1994 memorandum, her unit commander referred her to Community Mental Health Service.  The unit commander stated the applicant's problem as she was always complaining, stating she couldn’t handle the training, and she was very depressed.

4.  On 22 September 1994, she underwent a psychiatric evaluation and was diagnosed as having an Adjustment Disorder with Depressed Mood.  It was recommended the applicant be removed from training immediately, with no further physical or verbal stress, and that separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11 be accomplished.  The mental status evaluation stated:

	a.  there were insufficient emotional findings to warrant the diagnosis of a major depressive disorder.

	b.  the applicant admitted to numerous somatic complaints of chest pains, sinus, leg and feet pains which had precipitated several sick call visits.  

	c.  the applicant reported her difficulty coping with separation from husband and family.  Her thought content and thought processes revealed no disturbance in reality testing to justify a psychotic diagnosis.  

5.  The Diagnostic Impression on the psychiatric evaluation stated in part, “The verbal and physical stress inherent in the training environment can easily produce such a adjustment problem.  The disorder is likely to recur in future stressful situations, particularly in combat.  This limits the individual’s potential as a Soldier and could pose a danger to the Soldier and to the Soldier’s unit in a combat situation.  Although this Soldier is not currently suicidal, if kept in training suicidal thoughts are likely to occur, placing the Soldier’s life in jeopardy.”  

6.  The applicant's unit commander notified her that he was initiating action to discharge her under the provisions of Army Regulation 635-200, chapter 11, for entry level status performance and conduct.  She was advised of her rights.  She waived her rights in writing.  

7.  On 27 September 1994, 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.

8.  On 3 October 1994, she was discharged under the provisions of Army Regulation 635-200, chapter 11, for entry level status performance and conduct.  She completed 1 month and 3 days of active military service.  

9.  Orders 190-723, issued by Headquarters, U.S. Army Training Center, and Fort Jackson, SC, dated 29 September 1994, discharged the applicant from the USAR under the provisions of Army Regulation 635-200, effective 3 October 1994.

10.  Her service record is void of any indication that she completed initial active duty for training or that she was awarded a military occupational specialty (MOS).

11.  Counsel provided a statement in which he stated:

	a.  the applicant entered the military at "Fort Barling, NC" (i.e., Barling, AR) under normal conditions and she tried to adapt in a whole new world; 

	b.  the stress that comes from basic training caused mental stress along with mental depression;

	c.  the Diagnostic Impression indicated her condition would recur putting her or her unit in jeopardy; and 

	d.  the applicant has not experienced any problems since her discharge. 

12.  Her service record does not indicate she applied to the Army Discharge Review Board within its 15-year statute of limitations.

13.  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 that 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.  


14.  Army Regulation 135-178 (Separation of Enlisted Personnel) provides that entry level status is defined as the first 180 days of continuous active service.  Entry level status service will be described as uncharacterized if separation processing is initiated while a Soldier is in an entry level status.  Upon enlistment a Soldier qualifies for entry level status during:

	a.  The first 180 days of continuous active military service; or 

	b.  The first 180 days of continuous active service after a service break for more than 92 days of active service.  

	c.  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 entry level status upon enlistment in a Reserve component.  Entry level status for such a member of a Reserve component terminates:

		(1)  180 days after beginning training if the Soldier is ordered to active duty for training for one continuous period of 180 days or more; or

		(2)  90 days after the beginning of the second period of active duty for training if the Soldier is ordered to active duty for training under a program that splits the training into two or more separate periods of active duty.

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  Paragraph 1-4 states a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army.  Personnel included are members of the Army National Guard and the USAR separated:

	a.  For physical disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), regardless of the period of time served on active duty.

	b.  After completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support.

	c.  After completing initial active duty for training which resulted in the award of an MOS, even though the active duty was less than 90 days.  This includes completion of advanced individual training under the USAR Split Training Program.

16.  Army Regulation 40-501 (Standards of Medical Fitness) states that adjustment disorders render an individual administratively unfit rather than unfit because of physical illness or medical disability.  These conditions will be dealt with through administrative channels.

DISCUSSION AND CONCLUSIONS:

1.  Counsel contends the applicant’s discharge should have been at least a mental discharge since the problems were brought on by military training.  However, the applicant’s service record is void of evidence to support this contention.  

2.  She was seen by a qualified mental health professional for a command-directed mental health evaluation.  She was diagnosed with an Adjustment Disorder with Depressed Mood.  However, she was psychiatrically cleared for any administrative action deemed appropriate by her command.  In accordance with Army Regulation 40-501, adjustment disorders render an individual administratively unfit rather than unfit because of physical illness or medical disability.  

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

4.  She was in an entry level status at the time of separation from active duty because she 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 an 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 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.  Her service record does not indicate the actions taken in his case were in error or unjust.  Therefore, 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)                                         AR20110017994





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ABCMR Record of Proceedings (cont)                                         AR20110017994



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