IN THE CASE OF:	  

		BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120009952 


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 reconsideration of her previous application to correct item 24 (Character of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service was honorable.

2.  The applicant states:

* she does not understand why she has an Honorable Discharge Certificate and her DD Form 214 shows entry level status
* she does not understand why it took 7 years for her to receive a certificate of discharge
* she is confused about her discharge and her records are void of the specific facts and circumstances

*	to her knowledge, she was discharged because she went to a medical appointment where the doctor told her she was probably not going to be able to stay in the Army
*	after leaving the doctor and being upset and crying, she was approached by a chaplain who talked to her and told her he would take care of her being gone
*	everything happened on a Thursday and she was sent home the following Monday

3.  The applicant provides:

* self-authored statements
* DD Form 214
* Honorable Discharge Certificate

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100030379, on 28 June 2011.

2.  The applicant disagrees with the Board's rationale and contends she does not understand why she has a certificate of discharge that shows "honorable" and her DD Form 214 shows "entry level status (ELS)." Further, she questions why it took 7 years for her to receive her certificate of discharge.

3.  Records show the applicant enlisted in the USAR Delayed Entry/Enlistment Program (DEP) for a period of 6 years on 2 November 1982.  On 16 March 1983, she was discharged from the USAR DEP and enlisted in the Regular Army.  

4.  On 18 July 1983, while attending advanced individual training, she accepted nonjudicial punishment for being absent without authority from her place of duty.

5.  The applicant's Army Human Military Resource Record (AMHRR), formerly known as the official military personnel file (OMPF), is void of a separation packet containing the specific facts and circumstances surrounding her separation processing.  However, the record does contain a properly-constituted DD Form 214 that shows she was released from active duty (REFRAD) on 21 July 1983 under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 11-3a, by reason of "ELS performance and conduct."

6.  The applicant's DD Form 214 shows she was transferred to the USAR Control Group for Annual Training.  Item 24 contains the entry "entry-level status" and item 12i (Reserve Obligation Termination Date) contains the entry "89  03  15."

7.  The applicant's AMHRR includes USAR Personnel Center Orders                    D-11-065031, dated 21 November 1990, directing her honorable discharge from the USAR on 21 November 1990.

8.  The applicant provides a copy of her DD Form 214 and Honorable Discharge Certificate from the USAR.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  The regulation defines ELS for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service.

10.  Paragraph 3-7 of Army Regulation 635-200 contains guidance on the types of administrative discharges/character of service.  It states that a separation will be described as entry-level with service "uncharacterized" if processing is initiated while a Soldier is in an ELS.

11.  Chapter 11 of Army Regulation 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an ELS.  This provision applies to personnel who could not meet the standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  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.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparing the DD Form 214.  The instructions for item 24 state that one of the following entries will be made in this item:  honorable, under honorable conditions (general), under other than honorable conditions, bad conduct, dishonorable, or uncharacterized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of her previous application to correct item 24 of her DD Form 214 to show the entry "honorable" instead of "entry-level status" was carefully considered.

2.  Although the applicant's record is void of the specific facts and circumstances surrounding her discharge, a properly-constituted DD Form 214 identifies the reason and characterization of her discharge.  This document carries with it a presumption of government regularity in the discharge process.

3.  The Honorable Certificate of Discharge in question, dated 21 November 1990, is her certificate of discharge from the USAR.  This document has no bearing on her release from active duty which occurred over 7 years earlier on 21 July 1983, but rather her release from the USAR Control Group.
4.  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.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.  A general characterization of service is not authorized.

5.  The entry-level separation is given regardless of the reason for separation.  An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service 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.  As a result, there is no basis for granting the applicant's request to upgrade her discharge.

6.  Therefore, absent evidence to the contrary, it is concluded her separation processing was accomplished in accordance with the applicable regulation and the requirements of law and regulation were met and her rights were fully protected throughout the separation process.

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 to amend the decision of the ABCMR set forth in Docket Number AR20100030379, dated 28 June 2011.



      _______ _   _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)                                         AR20120009952



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ABCMR Record of Proceedings (cont)                                         AR20120009952



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