IN THE CASE OF:  

		BOARD DATE:  20 November 2012

		DOCKET NUMBER:  AR20120009234 


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, that his uncharacterized discharge be upgraded to a general or honorable discharge. 

2.  The applicant states that he was lied to from the start.  His recruiter promised him that he could play football and go to West Point to pursue a career in the National Football League (NFL); however, while he was in basic training he was assaulted physically and sexually by his peers.  He goes on to state that he was determined to be strong and suck it up and pretend it never happened, finish his commitment to the Army, go to West Point and then to the NFL.  He continues by stating that even after advanced individual training (AIT) the promise of going to West Point was not kept and he felt demoralized, sexually assaulted, and victimized all over again so he used the only avenue of exit available to him to get out of the Army.  

3.  The applicant provides no additional documents with his application.

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 10 April 1984 for a period of 3 years and training as a combat signaler.  At the time of his enlistment he indicated that no other promises had been made to him that were not reflected on his enlistment contract. 

3.  He completed his basic training at Fort Bliss, Texas and was transferred to Fort Gordon, Georgia on 18 June 1984 to undergo his AIT.

4.  On 24 August 1984, nonjudicial punishment was imposed against him for failure to go to his place of duty.

5.  The facts and circumstances surrounding his administrative discharge are not available, but his DD Form 214 shows he was discharged on 19 September 1984 under the provisions of Army Regulation 635-200, paragraph 11-3a, due to entry level status performance and conduct.  He had served 5 months and 10 days of active service and his service was uncharacterized.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of that regulation provides for the separation of personnel for unsatisfactory performance or conduct (or both) while in an entry level status (less than 180 days of active service).  This policy applied to individuals who demonstrated they were not qualified for retention because they could not meet the minimum standards prescribed for successful completion of training and they lacked the aptitude, ability, motivation or self-discipline for military service, or they demonstrated characteristics not compatible with satisfactory continued service.  Personnel separated under this provision would be separated under entry level status with their service uncharacterized.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  Unfortunately, as he acknowledged, there is no evidence in the record that the applicant was physically or sexually assaulted or that he sought assistance for any such assault.


2.  Accordingly, it appears that the type of discharge directed and the reasons therefore were appropriate given the circumstances in the case.

3.  The applicant's contentions that he was misled to believe that he was going to attend West Point was noted but it appears to be without merit.  The evidence of record clearly documents that at the time of his enlistment no such promises were made and the applicant acknowledged in his enlistment contract that all commitments made to him were reflected on his contract.    

4.  An uncharacterized separation is not meant to be a negative reflection of a Soldier’s military service.  It merely means that 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 foregoing, there is no basis for granting the applicant's request.

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)                                         AR20120009234



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ABCMR Record of Proceedings (cont)                                         AR20120009234



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