BOARD DATE:	24 May 2012  

		DOCKET NUMBER:  AR20110024824 


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 uncharacterized discharge.  

2.  The applicant states he was not given a fair opportunity to serve in the Army and he believes that he was coerced into waiving his rights. 

3.  The applicant did not provide any supporting documentation with 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 U.S. Army Reserve on 
25 June 1985.  He was ordered to active duty for training 2 July 1985.  The applicant’s record indicates that he did not complete basic training or advanced individual training.
3.  In September 1985, the applicant was formally counseled by members of his chain of command for his negative/poor attitude, lack of self discipline, and his lack of respect for authority.

4.  On 2 October 1985, the applicant's unit commander informed him of his intent to process him for separation under the provisions of chapter 11, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), by reason of entry-level status (ELS) performance and conduct.  

5.  The applicant's record is void of a separation packet containing the specific facts and circumstances surrounding his discharge processing.  The record does contain a properly constituted DD Form 214 which shows the applicant was discharged on 3 October 1985 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 11, for  Entry Level Status  (ELS) Performance and Conduct.  The applicant’s uncharacterized was based on his entry level status.  

6.  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.

7.  Chapter 11, Army Regulation 635-200, provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an ELS.  An uncharacterized service description is normally granted to Soldiers separating under this chapter.  A general under honorable conditions 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.

8.  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.

9.  Army Regulation 635-200, paragraph 3-7b, states 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.
10.  Army Regulation 635-200, paragraph 3-9, contains guidance on ELS separations.  It states that a separation will be described as entry level with service uncharacterized if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and found to be without merit.  There is no evidence in his military record and the applicant did not submit any evidence to support his allegation.

2.  The evidence of record confirms that separation action was initiated against the applicant while he was in an ELS prior to completing 180 days of continuous active military service.  In the absence of evidence to the contrary it is presumed that the applicant's separation processing was accomplished in accordance with the applicable regulation, that all requirements of law and regulation were met, and that 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 his being separated while in an ELS.  A Soldier is in an ELS, or a probationary period, for the first 180 days of continuous active duty.  The issuance of a general discharge to members in an ELS 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 no such unusual circumstances are present in the applicant's record, there is an insufficient evidentiary basis to support any change to the characterization of his service.

4.  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 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 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)                                         AR20110024824



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ABCMR Record of Proceedings (cont)                                         AR20110024824



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