IN THE CASE OF:	

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20110024848 


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, an upgrade of his entry level status (ELS) performance and conduct discharge to show his service was honorable instead of uncharacterized.  

2.  The applicant states he failed to understand the separation process and assumed his discharge would be automatically upgraded after 7 years.  He states he took the commitment and experience from serving the Army and his country seriously.  After he was discharged, he returned to school and earned a college degree, served 12 years as a volunteer firefighter, and 8 years as an elected official on his town board.  He concludes by stating he allowed his recruiter to remove part of his medical file based on his recommendation, and in retrospect, it was a poor decision. 

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Certificate of Election, Town of Campbell, State of Wisconsin
* Bachelor of Arts Diploma, Metropolitan State University
* 4 pages of medical notes and treatment summaries

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 enlisted in the Regular Army on 26 October 1983.  He attended basic combat training at Fort Leonard Wood, MO, but was discharged prior to the completion of training.  

3.  He was formally counseled by members of his chain of command on at least 12 separate occasions between 8 November and 12 December 1983 for a myriad of performance and conduct related matters that included, but were not limited to: substandard performance, a lack of motivation, apathy, a poor attitude, and an overall unwillingness to adapt to the military lifestyle.

4.  On 13 December 1983, his commander informed him of his intent to process him for separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, due to ELS performance and conduct.  The unit commander cited the applicant's personal problems that caused him to display a reluctant attitude to conduct training as the basis for the recommendation.  The applicant acknowledged receipt of the separation notification.  

5.  On 14 December 1983, the separation authority approved his separation action for performance and conduct while in an ELS.  The separation authority directed that he be separated under the provisions of Army Regulation 635-200, chapter 11, and that he receive an uncharacterized discharge.  

6.  On 20 December 1983, he was accordingly discharged.  At the time of discharge he had completed 1 month and 25 days of active military service. His record shows he was never advanced above his entry rank/grade of private/E-1 while serving in an active duty status.  His DD Form 214 shows in:

* Item 23 (Type of Separation) – Discharge
* Item 24 (Character of Service) – Uncharacterized
* Item 25 (Separation Authority) – Army Regulation 635-200, Para 11–3A   
* Item 28 (Narrative Reason for Separation) – Entry Level Status Performance and Conduct

7.  He provides 4 pages of medical notes and treatment summaries that indicate he suffered a closed fracture of his right radius and ulna bones.  Later notes, pertaining to examinations that occurred prior to his entry on active duty, indicate his fractures had sufficiently healed.  None of the submitted documentation contradicts any of the counseling points that led to his ELS performance and conduct discharge. 

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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 duty service at the time separation action is initiated (emphasis added).  Chapter 11 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 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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his discharge was carefully considered; however, there is insufficient evidence to support his request.

2.  The evidence of record confirms his separation action was initiated prior to the completion of 180 days of continuous active military service; therefore, his service is properly described as uncharacterized.  The record further shows his separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and his rights were fully protected throughout the separation process.

3.  A Soldier is in an entry level status, or probationary period, for the first 180 days of continuous active service.  The issuance of a general discharge to members in an entry level 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.  No such unusual circumstances are documented in his record; therefore, there is an insufficient basis to support any change to the characterization of his service.
4.  An ELS performance and conduct discharge is given regardless of the reason for separation when a Soldier has completed less than 180 days of active service.  This uncharacterized service is neither positive nor negative, and it is not derogatory.  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.

5.  The applicant's post-service accomplishments are noted and respected; however, they do not provide a 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)                                         AR20100014926



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ABCMR Record of Proceedings (cont)                                         AR20110024848



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