IN THE CASE OF:	  

		BOARD DATE:	  27 March 2012

		DOCKET NUMBER:  AR20110018311 


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 that the character of service on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from uncharacterized service to honorable service.  She also requests that the narrative reason for separation be changed.

2.  The applicant states, in effect, upon failing to achieve the minimum course standards in her military occupational specialty (MOS) training, the commander would not allow her to reclassify or retest in her MOS.  Upon returning home a Reserve unit reviewed and validated her training which resulted in her accumulating over 181 days of active service.  She further states she received a letter from the Department of Veterans Affairs which disapproved her request for a State of Wisconsin Montgomery GI Bill tuition waiver.  She hopes to appeal the decision to keep it from becoming permanent.

3.  The applicant provides:

* a self-authored statement
* Basic Training Completion Certificate
* Statement of Understanding – Crime Prevention
* Two Certificates of Appreciation
* American Legion Acceptance Certificate
* Five-page Verification of Military Experience and Training
* DD Form 214
* Counseling Form 

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 she enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP), on 21 February 1991, for a period of 8 years.  On 12 March 1991, she was discharged from the USAR DEP and enlisted in the Regular Army in the rank/grade of private (PVT)/E-1 for a period of 4 years.  The applicant successfully completed basic combat training at Fort Jackson, SC.

3.  The applicant's record contains several DA Form(s) 4856 (Developmental Counseling Form) rendered to document counseling sessions which occurred during advanced individual training (AIT) for MOS 76C (Equipment Records and Parts Specialist).  The dates and synopses of these counseling sessions are as follows on:

	a.  20 May 1991, she received counseling for failing an exam.  She attended study hall, obtained a passing grade upon re-test, and was recommended to see the liaison due to being unable to comprehend the course.    
	
   b.  28 May 1991, she received counseling for failing an exam.  She attended study hall and failed the re-test.  It was recommended that the applicant be 
re-cycled in the course.

	c.  10 June 1991, she received counseling for failing an exam.  She attended study hall and failed the re-test.  It was recommended the applicant be re-cycled in the course.

	d.  12 June 1991, she received counseling for failing the B-8 exam for the third time.  She attended study hall and was recycled.  It was recommended that she be dropped from the course.

4.  On 31 July 1991, the applicant was referred to the Department of Psychiatry by the Troop Medical Clinic for adjustment problems in the military.  Clinical interview and objective psychological testing indicated the applicant possessed  personality traits which made her adjustment in the Army marginal at best.  The psychologist further opined in spite of the applicant’s desire to stay in the military, prognosis was poor given the chronic nature of her personality traits.  The psychologist strongly recommended the applicant be administratively separated as soon as possible.

5.  On 5 August 1991, the applicant’s company commander notified her that she was initiating action to separate her from the Army under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 11, for an inability to adapt to the military environment.  She also informed the applicant she had less than 180 active duty days, and that she may receive an uncharacterized entry level separation.  

6.  On 16 August 1991, the commander recommended that she receive an uncharacterized entry level separation.  The applicant acknowledged receipt of the separation notification action, consulted with counsel, and she elected not to submit a written statement in her own behalf.

7.  The separation authority approved the unit commander's request, on
5 September 1991, and directed the applicant's separation under the provisions of Army Regulation 635-200, chapter 11, with an uncharacterized entry level separation.

8.  On 12 September 1991, the applicant was discharged accordingly.  Block 24 (Character of Service) of the applicant's DD Form 214 shows she received an "uncharacterized" characterization of service.  Block 25 (Separation Authority) shows that she was discharged under the provisions of Army Regulation
635-200, chapter 11.  Block 28 (Narrative Reason for Separation) shows "entry level status."  This form also shows that she completed 6 months and 1 day of creditable active military service.

9.  There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

10.  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, in pertinent part, 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.  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. 

11.  Chapter 3 of Army Regulation 635-200 describes the different types of characterization of service.  It provides, in pertinent part, that an uncharacterized separation is an entry-level separation.

	a.  A separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when the characterization of under other than honorable conditions is authorized or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge 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.

	b.  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.

	c.  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.  A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her record should be corrected by changing the narrative reason and character of service of her uncharacterized entry level status discharge to an honorable discharge was carefully considered and determined to lack merit.

2.  Evidence shows the applicant was discharged for an inability to adapt to the military environment.  She failed multiple examinations, received rehabilitative support through study hall sessions and performance counseling, failed            re-testing, and was ultimately recommended to be dropped from her AIT course.  In conjunction with these actions, the applicant was referred to the Department of Psychiatry for adjustment problems.  A clinical interview and objective psychological testing indicated she possessed personality traits which made her adjustment in the Army marginal at best.  The psychologist strongly recommended the applicant be administratively separated as soon as possible.

3.  Accordingly, her immediate commander initiated separation action against her prior to her completing 180 days of continuous active duty service.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Evidence shows the applicant was informed that she had less than 180 active duty days at the time of the initiation of the separation action and that she may receive an uncharacterized entry level separation.  Additionally, the separation authority approved the unit commander’s recommendation prior to the applicant completing 180 days of service.

4.  During the first 180 days of continuous active military service, a member's service is under review.  When initiation of separation is 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 it is approved by the Secretary of the Army.

5.  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 or her character of service to be rated as honorable or otherwise.  As a result, there is no basis for granting the applicant's request for an honorable discharge.

6.  The ABCMR does not grant requests for upgrade of discharges solely for the purpose of making the applicant eligible for veteran’s benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.  Additionally, the granting of veteran's benefits is not within the purview of the ABCMR.  Therefore, any questions regarding eligibility for benefits should be addressed to the Veterans Administration.






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)                                         AR20110018311



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ABCMR Record of Proceedings (cont)                                         AR20110018311



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