IN THE CASE OF:	  

		BOARD DATE:  5 June 2012

		DOCKET NUMBER:  AR20110024054 


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 the following:

* change to his uncharacterized discharge to a general, under honorable conditions, discharge
* change his narrative reason for separation

2.  The applicant states:

   a.  He enlisted at the age of 17 years with an Airborne Ranger contract (or so he believed) and was doing very well in basic and advanced individual training until he was told his contract was void.  He was a squad and a platoon leader, but when he was told that he was no longer able to sign a contract for Ranger school, he became filled with stubborn pride and he opted to be discharged.
   
   b.  His daughter is in need of financial aid for college and he is hoping that his brief period in the military may be able to help her.  He has been incarcerated for over 20 years because of mistakes he made in his youth.  He is hoping a change in status to general will enable him to receive substance abuse treatment upon his release from prison.
   
   c.  Concerning the narrative, which read "entry level status performance and conduct."  His performance was excellent until his contract was voided.  That doesn't excuse his behavior, but he was 17 years old and still had a lot to learn.
   
   d.  He was told that he would receive a general discharge and for all these years he believed that was so.  It wasn't until this past year as he began to prepare for his potential reentry into society that he discovered the discrepancy.  He is asking for help so he and his daughter can both receive some assistance.
   
   e.  His discharge was his decision.  He was offered a new contract, but he chose not to sign it because it did not include Ranger school.  That was when his performance and behavior changed.  He was disappointed because his contract was breached by the Army and his dream of becoming an Airborne Ranger was no longer a reality.  He should have known that many opportunities would present themselves in the future.  He shouldn't have given up.  He was fully committed until the Army breached his contract, but he made a terrible mistake by not signing another.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 military records contain a DA Form 3286-40 (Statement for Enlistment), dated 22 October 1983, which shows he enlisted for Infantry school.  The form shows he acknowledged that in the event the enlistment option, school course, or training for which he was enlisted was not available before he enlisted through no fault of his own, he would enlist for another option or be discharged.

3.  His military record shows he enlisted in the Army Delayed Entry Program on 28 October 1983.  He enlisted in the Regular Army (RA), in pay grade E-1, on 22 November 1983, for 2 years.  On the date of his enlistment in the RA, he was 17 years and 7 months of age.  He was assigned to Fort Benning, GA. for one-station-unit training.  He did not complete training for award of a military occupational specialty (MOS).

4.  Between December 1983 and January 1984, while still in training, he was frequently counseled for various infractions including:

* performance failure
* being on sick call and profiles resulting in missed mandatory training
* failing to complete the company 12 mile road march
* requesting to be discharged because he believed he was not mature enough and emotionally ready
* the Trainee Discharge Program (TDP)
* lack of motivation and desire to stay in the Army

5.  On 28 January 1984, the applicant's company commander initiated action to discharge the applicant under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, for entry-level status performance and conduct.  The company commander stated the applicant was only 17 years old and needed to mature more and he lacked the motivation and desire to become a Soldier.  

6.  On 28 January 1984, the applicant acknowledged the proposed separation action.  He also acknowledged that he would receive an entry-level status separation with an uncharacterized character of his service.  He elected not to consult with counsel and to submit a statement in his own behalf.

7.  On 1 February 1984, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, chapter 11, with an entry-level separation based on his mediocre performance as evidenced by his low mental ability and general lack of desire.

8.  He was discharged from active duty in pay grade E-1 on 6 February 1984, under the provisions of Army Regulation 635-200, paragraph 11-3a, by reason of entry-level status performance and conduct with service uncharacterized.  He was credited with 2 months and 15 days of net active service with no time lost.

9.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 11, paragraph 11-3a, provided for the separation of personnel who had completed no more than 180 days (6 months) of creditable continuous active duty and had demonstrated they were not qualified for retention because of unsatisfactory performance or conduct (or both).  The policy applied to individuals who had demonstrated they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self-
discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service.  Service would be uncharacterized for separation under the provisions of this chapter.

10.  Army Regulation 635-200, paragraph 3-7a, stated an honorable discharge was a separation with honor.  The honorable characterization was appropriate when the quality of the member's service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would be inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  Contrary to his contention, the evidence of record shows the applicant enlisted for Infantry school.  At the time, he acknowledged that if that enlistment option was not available he could enlist for another option or be discharged.  There is no evidence of record and he provided none to show he initially enlisted for Ranger school and the Army breached his contract.  

2.  The evidence also shows he began infantry training; however, while in training he received performance counseling related to his unsatisfactory performance, desire to get out of the Army, and his maturity.  He did not complete training for award of an MOS.  His company commander acknowledged the applicant's age (17 years) and lack of maturity; however, he stated that he felt the applicant lacked the motivation and desire to become a Soldier who could serve successfully and complete their term of service.  

3.  His contentions are not sufficiently supported by his records or his application. There is no error or injustice in his record.  He was properly discharged in accordance with pertinent regulations with due process.  He acknowledged the proposed separation and that he would receive an entry-level status separation with his character of service described as uncharacterized.  The uncharacterized service was and still is appropriate and there is no basis to change it.  He has submitted neither probative evidence nor a convincing argument to show that he is now deserving of a correction of the narrative reason for separation shown on his DD Form 214.

4.  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.  As a result, there is no basis for granting the applicant's request for an honorable discharge.

5.  Additionally, the ABCMR does not grant requests for upgrade or changes of discharges solely for the purpose of making the applicant or his family eligible for benefits administered by the Department of Veterans Affairs.

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)                                         AR20110024054





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ABCMR Record of Proceedings (cont)                                         AR20110024054



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