IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110024393 


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, in effect, that his uncharacterized service be changed to honorable service.

2.  The applicant states he was honorably discharged due to schizophrenia and declared 100 percent disabled by the Department of Veterans Affairs (VA).

3.  The applicant provides two VA letters and 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 service medical and dental records are on permanent loan to the VA and are not available for review.
3.  The applicant enlisted in the Army National Guard (ARNG) on 27 April 1990 and was ordered to initial active duty for training (IADT) on 6 June 1990.

4.  The applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on 29 June 1990, for assault and disobeying a lawful order from a noncommissioned officer (NCO).

5.  During June and July 1990, the applicant received nine negative counseling statements for assaulting fellow Soldiers (on two different occasions), disobeying lawful orders from an NCO, being disrespectful in language towards an NCO, failing his physical fitness test, and leaving the company area without permission.

6.  On 10 July 1990, the applicant's unit commander recommended that the applicant be administratively discharged under the provisions of Army Regulation 635-200, chapter 14 for misconduct.  There are no additional separation processing documents contained in the available record.

7.  On 3 August 1990, the applicant was released from IADT and returned to the control of the ARNG.  

8.  His DD Form 214 shows he was separated under Army Regulation 635-200, paragraph 14-12c for the commission of a serious offense.  He had completed 
1 month and 28 days of creditable active service with uncharacterized service.

9.  The applicant was discharged from the ARNG on 3 August 1990 with uncharacterized service.

10.  The VA letters the applicant provided dated:

* 29 June 2004, shows the applicant's service was certified as honorable
* 5 January 2007, shows the applicant was granted disability compensation for a nervous condition rated 100 percent disabling

11.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel:  

   a.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct including the commission of a serious offense.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  

   b.  Chapter 3 of that regulation describes the different types of characterization of service.  It states in pertinent part that an uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  Entry level status begins on enlistment in the ARNG or the USAR and for Soldiers ordered to IADT for one continuous period ends 180 days after beginning training.  

	c.  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.

	d.  Paragraph 3-7b provides that 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.

	e.  An under other than honorable conditions discharge is an administrative separation from the service under conditions other than honorable.  It may be issued for misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the ARNG on 27 April 1990.  He entered IADT on 
6 June 1990 and he was released from IADT on 3 August 1990.  He completed 
1 month and 28 days of active service and his service was uncharacterized.

2.  During the first 180 days of continuous active military service, a member's service is under review.  When separated 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 the characterization must be approved by the Secretary of the Army.

3.  The applicant was not honorably discharged for a medical condition as he alleges; he was discharged due to misconduct.  There is no evidence that he was suffering from a medical condition at the time of discharge.

4.  During the applicant's very limited period of service he received nine negative counseling statements and an NJP.  These factors show the applicant's service did not meet the standards of either an honorable or general characterization of service.

5.  An uncharacterized discharge is neither positive nor negative; it is not derogatory.  An uncharacterized character of service is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not served on active duty long enough for his/her character of service to be rated.

6.  Therefore, there is no 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)                                         AR20110024393



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ABCMR Record of Proceedings (cont)                                         AR20110024393



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