BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120005041
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in Item 24 (Character of Service) something other than "uncharacterized."
2. The applicant states he was discharged from the Army because of medical conditions and he was told his discharge would be automatically upgraded after 3 years.
3. The applicant provides his DD Form 214.
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 applicants 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 applicants 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 records show he enlisted in the Regular Army on 14 June 1991. He was assigned to the 3rd Battalion, 32nd Infantry Regiment, Fort Benning, GA, for basic combat training.
3. Between 17 July and 2 August 1991, he was counseled on numerous occasions by several members of his chain of command for missing training due to going on sick call, being on profile, and his inability to adapt to the military way of life.
4. On 2 August 1991, the applicant was counseled by his first sergeant (1SG) and advised that he was being recommended for separation action due to the numerous times he went on sick call for medical problems he incurred prior to entry on active duty. The applicant had also stated that he did not want to stay in the military and that the 1SG did not believe the applicant could adapt to the military way of life.
5. On 5 August 1991, he was notified by his immediate commander of the commander's intent to initiate separation against him under the provisions of Army Regulation 635-200, chapter 11, entry level status, for numerous medical problems that occurred prior to his entry on active duty that prevented him from participating in all of the required training. The commander further stated the applicant had stated he did not want to remain on active duty and his caliber was not fit for military service.
6. On 5 August 1991, he consulted with legal counsel and he was advised that discharge action was being initiated against him under the provisions of Army Regulation 635-200, chapter 11. He was also advised of the effect on future enlistment in the Army, the possible effects of an uncharacterized entry level separation and of the procedures and rights that were available to him. He further acknowledged he understood that if he were issued an entry level discharge Department of Veterans Affairs and other benefits normally associated with completion of military service would be affected. He elected not to submit a statement in his own behalf.
7. On 7 August 1991, the separation authority approved the applicant's discharge action in accordance with Army Regulation 635-200, chapter 11. The separation authority stated the applicant was unable to adapt to the military due to a lack of motivation, maturity, and the lack of a desire to become a successful Soldier. On 12 August 1991, the applicant was discharged accordingly.
8. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, paragraph 11a, by reason of entry level status with an uncharacterized service. He completed 1 month and 29 days of net active service.
9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3 states 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. Paragraph 11a, of the version in effect at the time, provides for the separation of personnel due to unsatisfactory performance, conduct, or both, as evidenced by inability while in an entry level status.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's separation action was initiated due to his inability to adapt to military service as evidenced by his repeatedly missing training by going on sick call. As he was separated prior to his completing 180 days of active service, he was still in an entry-level status at that time. Therefore, he correctly received an uncharacterized character of service.
2. An entry-level status discharge 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 or her character of service to be rated. In view of the foregoing, there is no basis for granting the 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) AR20120005041
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