IN THE CASE OF:	  

		BOARD DATE:	  18 April 2012

		DOCKET NUMBER:  AR20110023143 


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 (ELS) discharge to an honorable discharge.

2.  The applicant states that it is unjust that he should be given an uncharacterized discharge and not given the benefits that are due to him. He believes his service should read honorable.

3.  The applicant did not provide any additional documentary evidence in support of his request.

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 Regular Army on 
20 April 1983. He did not complete basic training nor advanced individual training.  The highest rank he attained while serving on active duty was private (PVT)/E-1.

3.  Between 28 May and 4 June 1983, the applicant received five general counseling statements for problems adjusting to military life and not having the aptitude to comprehend the require training.

4.  On 14 June 1983, the applicant's unit commander notified the applicant he was initiating separation action against him under the provisions of paragraph 
11-12, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), for a pattern of misconduct and performance.  The unit commander cited the applicant cannot adapt to military life, nor have the aptitude to comprehend the require training as the basis for the action. 

5.  On 14 June 1983, the applicant acknowledged notification to consult with legal counsel so he can be advised of the basis for the contemplated separation action for misconduct and performance, the type of discharge, the possible effects of the discharge, and of the procedures/rights that were available to him.  Also, so that he can be advised that he may be ineligible for many or all benefits as a veteran under both federal and state laws.  On the same date, the applicant completed a statement waiving his right to consult with military or civilian legal counsel, and he elected not to submit a statement in his own behalf.  

6.  On 20 June 1983, the separation authority approved the applicant’s separation action.  The separation authority directed that the applicant be separated under the provisions of paragraph 11-3a, Army Regulation 635-200, due to performance and misconduct – minor disciplinary infractions, with an ELS discharge, and uncharacterized service.
 
7.  On 23 June 1983, the applicant was issued a DD Form 214 that shows he was discharged under the provisions of paragraph 11-3a, Army Regulation
635-200, by reason of performance and misconduct – minor disciplinary infractions "Entry Level Status."  He had completed a total of 2 months and 4 days of active service.

8.  Army Regulation 635-200, Chapter 3 contains guidance on ELS separations. It states that a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active service at the time separation action is initiated.  

9.  Army Regulation 635-200, Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an ELS status.  An uncharacterized service description is normally granted to Soldiers separating under this chapter.  A general discharge is not authorized under ELS 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.

10.  Army Regulation 635-200, paragraph 3-7a, provides that 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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms that separation action was initiated against the applicant while he was in an ELS status which was prior to him completing 180 days of continuous active military service.  A Soldier is in an ELS or a probationary period for the first 180 days of continuous active service.  The issuance of a general discharge to members in an ELS status is not authorized and 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.  Given that no such circumstances exist the evidence is insufficient to grant the applicant's request.

2.  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 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.













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)                                         AR20110023143





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ABCMR Record of Proceedings (cont)                                         AR20110023143



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