IN THE CASE OF:

		BOARD DATE:	20 September 2012

		DOCKET NUMBER:  AR20120005943 


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 a determination of the character of service for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he does not believe his DD Form 214 was properly completed.
 
3.  The applicant provides a copy of 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 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 15 September 1983.  He did not complete training and was not awarded a military occupational specialty. 

3.  On 12 December 1983, he accepted nonjudicial punishment (NJP) under the summarized provisions of Article 15, Uniform Code of Military Justice (UCMJ) for failing to go at the time prescribed to his appointed place of duty (fireguard) on
10 December 1983.

4.  On 19 December 1983, he accepted NJP under the provisions of Article 15, UCMJ for failing to go at the time prescribed to his appointed place of duty (sign-in) on 18 December 1983 and for failing to obey a lawful command issued by the battalion commander (missing bed check) on 17 December 1983.

5.  A Health Services Command (HSC) Form 104R (Report of Serious/Sensitive Incident), dated 3 January 1984, shows in item 11 (Details of Incident):  "SM (the applicant) on 3 Jan 1984 took a large quantity of prescription drugs.  SM expressed a strong desire to get out of the Army.  SM was admitted to Ward
43-E and his condition as of 1600 3 Jan 1984 was stable.  SM took approximately 30 CAMA-AN aspirin derivative."

6.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 9 January 1984, shows the applicant, in the opinion of the psychiatrist, "has the mental capacity to understand and participate in the proceedings and is mentally responsible."  The diagnosis shows "Mixed personality disorder."  The psychiatrist further related the applicant's personality disorder was of such a nature and severity as to preclude sufficiently acceptable military performance.  Prompt administrative separation was recommended.

7.  On 12 January 1984, the applicant's immediate commander notified him of his intent to initiate separation action under the provisions of Army Regulation
635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-13 (separation because of personality disorder).  The commander stated "...you have demonstrated marked erratic characteristics and a failure to adapt to the military environment.  ...you intentionally overdosed ... and based on the recommendations from your cadre sergeant and psychiatrist, it is my belief that your inability to function in a controlled environment could deteriorate...."

8.  The applicant consulted with counsel and elected not to submit a statement in his own behalf.  He indicated he understood that he might expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him.

9.  The chain of command recommended separation.  The separation authority approved the separation and indicated that this was an entry level separation and a discharge certificate would not be issued.  On 12 February 1984, the applicant was discharged accordingly.  His DD Form 214 shows he had completed 4 months and 26 days of creditable active service.  The following entries are also shown:

* item 24 (Character of Service) "Entry Level Status"
* item 25 (Separation Authority) "Army Regulation 635-200, paragraph 
5-13"
* item 28 (Narrative Reason for Separation) "Personality Disorder"

10.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  

	a.  Paragraph 5-13 at the time stated a Soldier could be separated for personality disorder (as determined by medical authority), not amounting to disability under Army Regulation 635-40, that interfered with assignment to or performance of duty.  The regulation required that the condition be a deeply-ingrained maladaptive pattern of behavior of long duration that interfered with the Soldier's ability to perform duty.  Commanders would not take action prescribed in this paragraph in lieu of disciplinary action.  The diagnosis must have concluded that the disorder was so severe that the Soldier’s ability to function in the military environment was significantly impaired.

	b.  Paragraph 3-9 provides for an entry level separation (uncharacterized).  A separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case; when Headquarters, Department 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; or when the Soldier has less than 181 days of continuous active military service, has completed Initial Entry Training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on 

the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  Item 24 (Character of Service):  Correct entry is vital since it affects a Soldier’s eligibility for post–service benefits.  Characterization or description of service is determined by directives authorizing separation.  The entry must be one of the following:

	a.  HONORABLE

	b.  UNDER HONORABLE CONDITIONS (GENERAL)

	c.  UNDER OTHER THAN HONORABLE CONDITIONS

	d.  BAD CONDUCT

	e.  DISHONORABLE

	f.  UNCHARACTERIZED

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests a determination of the character of service for separation on his DD Form 214 because he does not believe his DD Form 214 was properly completed.

2.  His separation action was accomplished in compliance with applicable regulations and there is no evidence of procedural errors that would have jeopardized his rights.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.

3.  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. 

4.  The entry in item 24 of his DD Form 214 is incorrect.  The governing regulation requires the applicant's service be shown as "Uncharacterized."  This uncharacterized character of service is neither positive nor negative; it is not derogatory.  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.  Therefore, his DD Form 214 should be corrected as recommended below.

BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 24 of his DD Form 214 and replacing it with the entry "Uncharacterized."



      ___________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)                                         AR20110002706



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ABCMR Record of Proceedings (cont)                                         AR20120005943



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