IN THE CASE OF:	  

		BOARD DATE:	  23 April 2013

		DOCKET NUMBER:  AR20120017039 


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 upgrade of his entry level status uncharacterized discharge to a general discharge.

2.  He states:

	a.  he served over 180 days and he was told he was going to be given a general discharge.  Instead he was given a "basic training" discharge even though he completed basic training, advanced individual training (AIT), and was assigned to a permanent duty station in Germany.

	b.  he was discharged because he was physically unable to perform his duties due to lingering leg injuries sustained in Airborne school.  He had continued leg and back pain and was prescribed muscle relaxers and pain killers.

	c.  he was discharged 25 years ago and when he joined the U.S. Army, he planned to make it his career.  He passed basic training without any problems, was awarded the "Soldier of the Day" during company inspection, and qualified as Sharpshooter with the M-16 rifle and Expert with the hand grenade.  After AIT for the military occupational specialty (MOS) 12B (Combat Engineer), he went to Airborne School at Fort Benning, GA.

	d.  he sustained a leg injury in Airborne School and was disqualified from the course, and he was reassigned to a unit in Germany instead of an airborne unit.  Upon arrival in Germany, his leg and back pain persisted and he was unable to properly perform his duties.  At Fort Benning, GA, he was prescribed muscle relaxers and a mild pain medicine.  After a few weeks, his senior noncommissioned officer spoke with other senior officers who said the applicant could be discharged with a general discharge.  

	e.  he thought he was receiving a general discharge, but he received an entry level status performance and conduct discharge.  He hasn't been able to get jobs because of this discharge and it's unjust.  He's currently a medic in the Texas Army National Guard.  

3.  He provides no additional documents.

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 (RA) on 6 January 1987 for a period of three years.  Upon completion of basic training and AIT, he was awarded MOS 12B. 

3.  On 24 June 1987, the applicant's company commander notified him that he was initiating action to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, for entry level status performance and conduct.  He was advised of his rights.  He waived his right to counsel and didn't submit a statement in his own behalf.  The reason for his proposed action was the applicant's attempted suicide on 18 June 1987.

4.  His service record contains a DA Form 4856 (General Counseling Form), dated 25 June 1987, which indicates he was counseled regarding initiation of chapter 11 proceedings based on his attempted suicide on 18 June and professed lack of desire to remain in the Army.  The counseling form stated he was informed the chapter 11 proceedings could lead to discharge and that an entry level discharge was recommended because of the short time he was in the Army.  
5.  On 1 July 1987, he underwent a psychiatric evaluation.  He was diagnosed as having an adjustment disorder with depressed mood, suicide attempt by overdose, and occupational problem.  The psychiatrist stated the applicant's psychiatric factors indicated that administrative separation would be in the best interests of the individual and the military.  

6.  On 6 July 1987, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, chapter 11, for entry level status performance and conduct.  The separation authority stated the applicant's military service was uncharacterized; however, the applicant had no potential for further useful military service.  Therefore, the applicant would not be placed into the Individual Ready Reserve and would be furnished a General Discharge Certificate.  

7.  On 17 July 1987, he was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a, for entry level status performance and conduct.  He completed 6 months and 12 days of active military service.

8.  His service record does not indicate he applied to the Army Discharge Review Board within its 15-year statute of limitations.

9.  Army Regulation 635-200, chapter 11, establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct (or both) while in an entry level status.  It states separation under this chapter applies to Soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life.  Entry level status is defined as the first 180 days of continuous active duty.  It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation under the provisions of chapter 11, Army Regulation 635-200, was accomplished in compliance with applicable regulations at the time.  His service record is void of procedural errors which would have jeopardized his rights.  There is no indication that the separation action was made under coercion or duress.

2.  He contends he served over 180 days and he was told he was going to be given a general discharge.  Although the separation authority's approval action stated the applicant would be issued a General Discharge Certificate, the applicant was in an entry level status at the time because he had served fewer than 180 days of active Federal service before the date of the initiation of his separation action on 24 June 1987.  The determination that the applicant's service was "uncharacterized" was in compliance with the Army regulation governing separation of Soldiers while in an entry level status.  

3.  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/her character of service to be rated as honorable or otherwise.

4.  He contends he was discharged because of his leg injuries he sustained in Airborne school.  However, his service record is void of medical documentation which indicates he injured his leg during Airborne training.  

5.  His statement in regard to him being unable to find a job is acknowledged.  However, employment is not a sufficiently mitigating reason to warrant relief.  The ABCMR does not amend/or correct military records solely for the purpose of making the applicant eligible for employment or employment benefits.   

6.  There is no apparent error or injustice on which to base recharacterization of his service to show a general discharge.

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)                                         AR20120017039





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ABCMR Record of Proceedings (cont)                                         AR20120017039



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