IN THE CASE OF:	   

		BOARD DATE:	  26 April 2012

		DOCKET NUMBER:  AR20110021530 


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 change of his discharge from uncharacterized to a general discharge.

2.  The applicant states his uncharacterized service description should have been a general discharge.  He claims he completed all of his duties and tasks with satisfaction except meeting his run time which he only missed by seconds.  He states his discharge makes it appear he was a Soldier with conduct issues which he did not have.

3.  The applicant provides no documentary evidence in support of his application.  

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 16 February 1995, the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 8 years.  On 18 September 1995, he was ordered to initial active duty for training.  He was assigned to Fort Jackson, SC to attend basic combat training (BCT).

3.  On 29 January 1996, the applicant was formally counseled by his unit commander based on the applicant’s failure to pass the Army Physical Fitness Test (APFT) after 15 weeks of training.  He further counseled the applicant regarding his intent to initiate action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, by reason entry-level performance and conduct which was necessitated by the applicant’s inability to meet the minimum standards necessary for successful completion of BCT.  The applicant concurred with the counseling session.

4.  On 1 February 1996, the unit commander notified the applicant he was initiating action to separate him under the provisions of Army Regulation
635-200, chapter 11.  The unit commander cited the applicant’s lack of motivation and inability to meet the minimum standards required for the end of cycle APFT to successfully complete BCT.

5.  On 1 February 1996, the applicant completed an election of rights in which he indicated he did not desire to consult with counsel and/or to make statements in his own behalf.

6.  On 8 February 1996, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, chapter 11, and directed the applicant’s service be described as "Uncharacterized."

7.  On 20 February 1996, the applicant was discharged after completing 5 months, and 3 days of active military service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was separated under the provisions of Army Regulation 635-200, chapter 11 by reason of entry-level performance and conduct with service uncharacterized.

8.  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.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.


	a.  Paragraph 3-9 states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service.

	b.  Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry-level status.  An uncharacterized service description is normally granted to Soldiers separating under this chapter.  A general discharge is not authorized under entry-level status conditions and an honorable discharge is rarely ever granted.  An honorable discharge may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his uncharacterized service be changed to a general discharge has been carefully considered.  However, there is insufficient evidence to support this claim. 

2.  The evidence of record confirms the applicant's separation action was initiated while he was in an entry-level status prior to completing 180 days of continuous active military service.  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 entry-level status.  A Soldier is in an entry-level status, or probationary period, for the first 180 days of continuous active duty and the issuance of a general discharge to a member in such status is not authorized.  An honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  There is no such unusual circumstance present in the applicant's record.

4.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20110021530



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ABCMR Record of Proceedings (cont)                                         AR20110021530



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