IN THE CASE OF:	  

		BOARD DATE:	  20 August 2013

		DOCKET NUMBER:  AR20120022016 


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 uncharacterized discharge to an honorable discharge.

2.  The applicant states he was unable to complete his term of service because of severe depression and anxiety.  He states his severe depression, anxiety, attention deficit disorder, and obsessive-compulsive disorder make it impossible for him to perform in high-stress situations.  Since his separation he has been seen by several doctors and now takes medication to get him through everyday life.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 22 January 1997.  He did not complete advanced individual training.

3.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 13 May 1997, shows the applicant underwent a mental evaluation by the Chief, Community Mental Health Services, who stated the applicant possessed sufficient mental capacity to understand and cooperate intelligently as a respondent in any administrative or judicial proceedings which might involve him.  The chief further determined the applicant appeared to be unlikely to adapt to the requirements of the military environment at that time.  The chief also recommended the applicant's referral to sick call to address his enuresis (bed wetting).

4.  On 9 June 1997, his commander initiated separation against him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, for entry-level status performance and conduct.  The commander stated the applicant demonstrated character and behavior not compatible with satisfactory continued service and showed no ability to adapt emotionally to military life as the reason for initiating separation action.  The commander recommended an entry-level separation with uncharacterized service.  On 9 June 1997, he acknowledged notification of the separation action. He indicated he did desire to consult with legal counsel and he did not desire to make a statement in his own behalf.

5.  On 20 June 1997, the separation authority approved the separation action, waived the rehabilitation transfer requirement, and directed his receipt of an uncharacterized discharge under the provisions of Army Regulation 635-200, chapter 11, for entry-level performance and conduct.

6.  On 26 June 1997, he was discharged accordingly.  He completed 5 months and 5 days of creditable active service.  His DD Form 214 shows the following pertinent entries:

* item 24 (Character of Service) – "UNCHARACTERIZED"
* item 28 (Narrative Reason for Separation) – "ENTRY LEVEL PERFORMANCE AND CONDUCT"

7.  The applicant's military medical records are not available for review.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 in effect at the time provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status.  This provision applied to individuals who had demonstrated they were not qualified for retention because they:

* could not adapt socially or emotionally to military life
* lacked the aptitude, ability, motivation, or self discipline for military service
* demonstrated characteristics not compatible with satisfactory continued service

9.  Army Regulation 635-200 states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when characterization of under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.

10.  Entry-level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days.  It further states 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.

11.  Army Regulation 635-200 provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was unable to complete his term of service because he suffered from severe depression and anxiety.  However, there is no evidence in the applicant's military service records and he has not provided evidence that shows severe depression or anxiety as the cause of his discharge from the military.  The evidence of record shows the Chief, Community Mental Health Services, determined the applicant possessed sufficient mental capacity to understand and cooperate intelligently as a respondent in any administrative or judicial proceedings which might involve him.

2.  His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  A discharge under the provisions of Army Regulation 635-200, chapter 11, is for entry-level Soldiers who are not qualified for retention for one of several reasons, including demonstrated character and behavior not compatible with satisfactory continued service.  According to his commander's recommendation, the applicant demonstrated character and behavior characteristics not compatible with satisfactory continued service and showed no ability to adapt emotionally to military life.

3.  The uncharacterized discharge and the narrative reason for separation were appropriate considering all the facts of this case.  However, an uncharacterized discharge merely means a Soldier has not served on active duty long enough for his or her character of service to be rated.

4.  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 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)                                         AR20120022016



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ABCMR Record of Proceedings (cont)                                         AR20120022016



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