IN THE CASE OF:	 

		BOARD DATE:	18 October 2012  

		DOCKET NUMBER:  AR20120007315


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.  As a secondary issue, he requests change of his reentry eligibility (RE) code.

2.  The applicant states:

* he was advised his discharge would be upgraded to honorable after
6 months
* he was separated for family issues – his father was sick and needed his assistance at home
* he would still be enlisted if his father had not become ill
* he has moved on and he has been employed as a law enforcement officer for the past 10 years
* the entry level performance and conduct rating does not adequately reflect the reason for his discharge
* his discharge should be upgraded to honorable, as he was told by Army staff at the time of his separation
* it sickens him that his discharge gives the appearance he deserted his country and would not participate, which is not the case

3.  The applicant provides no additional 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.  The applicant enlisted in the Regular Army on 11 March 1993.  He reported to Fort McClellan, AL for the purpose of attending basic combat training, but he was discharged prior to the completion of training.

3.  On 16 March 1993, he was referred to Community Mental Health Services for evaluation based on his elevated score on the Suicide Probability Scale.  During this evaluation, he stated:

* he was desperate to go home and he could not cope with the normal stress of military life
* if retained on active duty, he had thoughts of killing himself
* he was concerned about his father who had a chronic illness with no one other than him to provide care

The Chief, Community Mental Health Services, diagnosed him with Adjustment Disorder with Anxious Mood (AXIS I) and recommended his administrative separation under the applicable provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel).

4.  On 20 and 22 March 1993, he was formally counseled by members of his chain of command regarding his referral to Community Mental Health Services and his excessive desire to be discharged, including suicidal ideations and self-induced bodily harm.  Members of his chain of command stated:

* he showed great difficulty in attempting to adjust and cope with a disciplined environment
* he was not able to give effort toward learning how to become a Soldier
* 
he consistently complained of his inability to adapt to the military environment and his mistake in joining the Army
* verbal counseling had not helped to improve the situation and the continuous difficulty coping with the Army lifestyle and demands to perform under the authority of a drill sergeant had created additional stressors he could not emotionally handle
* these behaviors would interfere with successful service to the Army
* he lacked the necessary coping skills to be successful in the Army
* his condition was not expected to improve and it would probably prevent him from completing basic training

5.  On 22 March 1993, his commander informed him of his intent to process him for separation under the provisions of Army Regulation 635-200, chapter 11, due to ELS performance and conduct.  The unit commander stated he was recommending he receive an uncharacterized separation.  The applicant acknowledged receipt of the separation notification, waived assistance by appointed counsel, and elected not to submit statements in his own behalf.

6.  On 22 March 1993, his commander recommended his discharge from the Army under the provisions of Army Regulation 635-200, chapter 11.

7.  On 25 March 1993, the separation authority approved his separation action for performance and conduct while in an ELS.  The separation authority directed the applicant be separated under the provisions of Army Regulation 635-200, chapter 11, with service as uncharacterized.

8.  On 31 March 1993, he was accordingly discharged.  At the time of his discharge he had completed 20 days of creditable active service.  His record shows he was never advanced above his entry rank/grade of private (PV2)/E-2 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 26 (Separation Code) – JGA
* Item 27 (Reentry Code) – RE-3C
* Item 28 (Narrative Reason for Separation) – Entry Level Status Performance and Conduct

9.  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

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code of "JGA" is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct.  The SPD/RE Code Cross Reference Table stipulates that an RE code of "3" will be assigned to members separated under these provisions with an SPD code of "JGA."

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the USAR.  Table 3-1 shows the RE codes and states in pertinent part:

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his discharge and change of his
RE code was carefully considered; however, there is an insufficient evidentiary basis to support his request.

2.  The evidence of record shows he did not or could not adjust to military life as evidenced by his lack of motivation and lack of self-discipline.  Accordingly, his chain of command initiated separation action against him.

3.  His separation action was initiated prior to the completion of 180 days of continuous active duty 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.

4.  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.

5.  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.

6.  His SPD and RE codes were assigned based on his discharge under the provisions of Army Regulation 635-200, chapter 11, due to his entry-level performance and conduct.  Absent the unacceptable performance during initial training, there was no fundamental reason to process him for discharge.  The underlying reason for his discharge was his entry-level performance and conduct.  The only valid narrative reason for separation permitted under this paragraph is "entry-level performance and conduct."

7.  The appropriate SPD code associated with this type of discharge is JGA and the corresponding RE code associated with this discharge is RE-3, both of which are correctly shown on his DD Form 214.

8.  The applicant's post-service accomplishments are noted and respected; however, they do not provide a basis for granting the applicant's requested relief.

9.  In view of the foregoing, the applicant's request for relief should be denied.

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)                                         AR20120007315



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