IN THE CASE OF:	  

		BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120005503 


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 his uncharacterized discharge be changed to an honorable discharge (HD).

2.  The applicant states he never caused trouble when he was in the Army.  He claims when he was injured on active duty he still carried out his duties.  He states he suffered from some depression as a result of his injury which resulted from him knowing he would not be able to complete his full time in the Army, but he still believes he served in an honorable fashion.  

3.  The applicant provides no documentary evidence in support of 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.  On 29 January 1994, the applicant enlisted in the U.S. Army Reserve (USAR) and entered active duty for initial active duty training (IADT) on 3 March 1994.  His record documents no acts of valor or significant achievement.

3.  The applicant’s record is void of any medical treatment records or other documents indicating he suffered from a disabling medical or mental condition that would have supported separation processing through medical channels while serving on IADT.  

4.  The record is also void of a separation packet containing the specific facts and circumstances surrounding his discharge processing.  However, his record includes a DD Form 214 that shows he was discharged under the provisions of chapter 11, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), with uncharacterized service, by reason of entry level performance and conduct.  It further shows he completed a total of 2 months and 5 days of active military service at the time of discharge.  

5.  On 9 August 2001, the Army Discharge Review Board (ADRB), after carefully reviewing the applicant’s military record, and all other available evidence, determined the applicant’s discharge was proper and equitable.  The ADRB voted unanimously to deny the applicant’s request to upgrade his discharge to an HD.  

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-9 contains guidance on entry level separations.  It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service.

7.  Chapter 11 of Army Regulation 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status.  An uncharacterized service description is normally granted to Soldiers separating under this chapter.  A general discharge (GD) under honorable conditions is not authorized under entry level status conditions and an HD is rarely ever granted.  An HD 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 to change his uncharacterized description of service to an HD has been carefully considered.  However, there is insufficient evidence to support this claim.  
2.  The applicant's record is void of the specific facts and circumstances surrounding his discharge action; however, it does contain a properly-constituted 
DD Form 214 that shows the applicant was separated under the provisions of chapter 11, Army Regulation 635-200, by reason of entry level performance 
and conduct while in an entry level status and that his service was described as uncharacterized.  Absent any evidence of record or independent evidence provided by the applicant that shows an error or injustice related to his discharge processing, there is a presumption of regularity attached to this document.  

3.  By regulation, when separation action is initiated on a member prior to the member completing 180 days of service, the member is considered to be in an entry level status.  The service of any member separated while in an entry level status will be described as uncharacterized.  A GD is not authorized under these conditions.  An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty; however, it is rarely ever given.  There is no evidence suggesting the applicant’s personal conduct and/or performance of duty was so outstanding that it would have supported the issue of an HD at the time or would support an upgrade to an HD at this late date.  

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.

5.  In view of the above, there is an insufficient evidentiary basis to support 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)                                         AR20120005503



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ABCMR Record of Proceedings (cont)                                         AR20120005503



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