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ARMY | BCMR | CY2012 | 20120021059
Original file (20120021059.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  11 June 2013

		DOCKET NUMBER:  AR20120021059 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service was characterized as honorable versus "uncharacterized."

2.  He does not provide an explanation for his request.

3.  He provides a support statement from his mother and medical record documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army National Guard (ARNG) on 5 March 2010 for a period of 8 years.  On 4 May 2010, he was ordered to active duty at Fort Benning, GA, for completion of basic and advanced individual training.  

2.  The applicant's record is void of the specific facts and circumstances surrounding his discharge.

3.  However, his record contains a duly-constituted DD Form 214 that shows on 13 May 2010, he was transferred to the LA ARNG by reason of an "Entry Level Performance and Conduct" separation.  He was credited with completing 10 days of active duty service.  The DD Form 214 he was issued at the time shows his character of service as "uncharacterized."


4.  On 14 May 2010, he was discharged from the ARNG with an "uncharacterized" discharge.  However, no discharge certificate was issued.

5.  On 4 April 2012, the applicant appealed to the Army Discharge Review Board (ADRB) for an upgrade his discharge.  On 28 September 2012, the ADRB denied his request for a discharge upgrade citing that he was properly and equitably discharged.

6.  The applicant provided a letter from his mother in which she requested his discharge be changed to honorable.  She explained after the applicant joined the military, she received a phone call from him in which he informed her that he was being sent home.  After he returned home, she stated something or someone had scared him because he hardly said anything.  She added she did not see the warning signs that something was really wrong with the applicant and the effects of his time in the military.  She stated he was in and out of the hospital and her son deserves a chance to get the medical help he needs to at least have a chance at a normal healthy life.

7.  The applicant provided numerous medical record documents that verify he was seen at the Mental Health Center in LA.

8.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) provides for the separation of Soldiers in an entry-level status (less than 180 days of creditable active service) who have demonstrated they are not qualified for retention.  Specifically cited as an example which would render an individual not qualified for retention were those Soldiers who "cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline."  Individuals discharged under this paragraph would  receive an "entry level performance and conduct" statement as the narrative reason for their separation.

9.  Army Regulation 635-200 forth the basic authority for separation of enlisted personnel.  Chapter 4, in pertinent part, provides for the separation or release from active duty upon termination of enlistment and other period of active duty or active duty for training.  Specifically, individuals of the ARNG ordered to active duty who have completed less than 180 days of continuous active duty will have their service uncharacterized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his characterization of service as honorable.
2.  The evidence of record shows the applicant enlisted in the ARNG on 5 March 2010 for a period of 8 years.  He was ordered to initial active duty for training on 1 April 1992 and he was released from initial active duty for training on 13 May 2010 after completing 10 days of creditable active service.  This period of service was less than 180 days (6 months); therefore, he was properly issued a 
DD Form 214 that shows this period of service as uncharacterized.  He was subsequently discharged from the ARNG and the U.S. Army on 14 May 2010.

3.  An uncharacterized discharge 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.

4.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20120021059





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ABCMR Record of Proceedings (cont)                                         AR20120021059



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