IN THE CASE OF:	  

		BOARD DATE:	 6 December 2012 

		DOCKET NUMBER:  AR20120011057 


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 service be changed from "uncharacterized" to honorable or general and that his narrative reason for separation be changed. 

2.  The applicant states he believes the record to be unjust because he completed his term of service with the U.S. Army Reserve (USAR) and received an honorable discharge.  He recently discovered the error when he went to a veterans' service office to discuss medical issues that occurred while he was on active duty.  He was told they could do nothing for him due to the fact that his service is uncharacterized, and he would need to have this changed before they can help him.  He states he received the Army Service Ribbon, National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge 
(M-16 rifle and hand grenade).  He was a Dragon gunner and he was trained on the Bradley Fighting Vehicle.  He believes he served honorably during his time in the USAR and continues to speak highly of the U.S. military to young people in an effort to get them to consider joining.  He continues by stating, in effect, he has gone on to lead an exemplary life.  

3.  He provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), orders, and a DD Form 215 (Reference Audiogram).

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 14 September 1990, the applicant enlisted in the USAR for a period of      8 years and enlistment in the Delayed Entry/Enlistment Program (DEP) pending enlistment in the Regular Army.  

3.  On 23 May 1991, he was discharged from the DEP and enlisted in the Regular Army for a period of 3 years.  

4.  His record shows he completed initial entry training and was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).  After completing training, he was assigned to the 16th Infantry Regiment, Fort Riley, KS.  

5.  A DA Form 4856 (General Counseling Form), dated 24 September 1991, shows he approached a noncommissioned officer (NCO), on 23 September 1991, and requested a discharge from the Army due to the emotional burden of being away from friends and his mother.  The NCO reminded him he had a commitment to the U.S. Army that he could not break.  The applicant indicated that he was considering suicide.  The NCO referred him to the first sergeant for further counseling.  

6.  On 24 September 1991, he underwent a mental status evaluation due to being considered for discharge for the good of the service.  He was diagnosed with adjustment disorder with depressed and anxious features, manifested by a reaction to active military service and moving away from home through depression, anxiety, and suicidal ideation in excess of a normal and expected reaction to this stressor.  He was found to be unsuited for further military service.

7.  On 25 September 1991, his commander informed him he was initiating action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, because of suicidal ideation and reports of prior attempts in response to the stress of active duty.  His commander stated the reasons for his proposed action were that he (the applicant) did not have the emotional and character strengths necessary for effective soldiering or to cope with the stress of active duty.  His commander informed him he was recommending an entry-level separation.  
8.  An undated memorandum shows the applicant acknowledged he had been advised by counsel of the basis for his contemplated entry-level separation under the provisions of Army Regulation 635-200, chapter 11, and its effects, of the rights available to him, and of the effect of any action taken by him in waiving his rights.  He elected not to submit statements in his own behalf.

9.  On 4 October 1991, the separation authority directed that the applicant be relieved and transferred to the Individual Ready Reserve (IRR), due to entry-level status performance and conduct, with uncharacterized service.  On 10 October 1991, he was relieved from active duty and transferred to the USAR in accordance with the separation authority's directive.  He completed 4 months and 18 days of net active service.

10.  On 25 May 1999, he was honorably discharged from the USAR after completing his 8-year military service obligation.

11.  Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  

	a.  Chapter 11 of the version of the regulation in effect at the time of the applicant's relief from active duty provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry level status.  This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self discipline for military service, or they had demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  The regulation required an uncharacterized description of service for separation under this chapter.

	b.  Entry level status is defined as the first 180 days of continuous active service or the first 180 days of continuous active service after a service break of more than 92 days of active service.  It further states that the character of service for members separated under the provisions of chapter 11 will be uncharacterized.  For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.





DISCUSSION AND CONCLUSIONS:

1.  The ABCMR does not grant requests for changes to discharges solely for the purpose of making an applicant eligible for veteran's benefits.

2.  The applicant was relieved from active duty under the provisions of Army Regulation 635-200, chapter 11, because he had demonstrated characteristics not compatible with satisfactory continued service.  Separation under this chapter required that his service be uncharacterized.  All requirements of law and regulation were met and his rights were fully protected throughout the separation process.  

3.  The available record does not contain any evidence and the applicant has not provided any evidence that show errors in his separation processing.  In the absence of such evidence, there is no basis for 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)                                         AR20120011057



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ABCMR Record of Proceedings (cont)                                         AR20120011057



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