BOARD DATE:	  20 August 2013

		DOCKET NUMBER:  AR20130000893 


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 change of his uncharacterized discharge to an honorable discharge.

2.  The applicant states his performance and conduct was honorable.  The applicant states he realizes the importance of an honorable discharge.  He did a good job at the time he spent in the service and loved serving his country.

3.  The applicant provides two letters of support.

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 3 August 1982.  He completed basic training at Fort Jackson, SC and he remained at his current duty station to attend advanced individual training (AIT).

3.  His record contains the following DA Forms 4856-R (General Counseling Form):

* 10 November 1982 for being dropped from supply school, could not adjust to military life, chronic sick call habit for his feet, recommended for discharge
* 16 November 1982 for being totally unresponsive to all efforts to make him a productive member of the military environment
* 17 November 1982 for low motivation, depression, poor attentiveness, and his desire to be discharged due to the illness of his mother

4.  On 16 November 1982, the applicant's commander initiated separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, for entry-level status performance and conduct.  The reason cited by the commander was the applicant's failure of military occupational specialty 76Y (Supply) course, his inability to comprehend, and inaptitude.   The document shows that, if approved by the separation authority, the applicant would receive an entry-level separation with uncharacterized service.

5.  On 16 November 1982, the applicant acknowledged notification of this action. He indicated he did not desire to consult with legal counsel and that he did not desire to make a statement in his own behalf.

6.  On 22 November 1982, the appropriate separation authority approved the applicant's separation under the provisions of Army Regulation 635-200,
chapter 11, for entry-level performance and conduct, waived the rehabilitation transfer requirement, and directed the applicant receive an "uncharacterized" character of service.  He was discharged on 29 November 1982.  He had completed 3 month and 27 days of creditable active service.

7.  The DD Form 214 he was issued at the time shows in:

* item 24 (Character of Service) the entry "uncharacterized"
* item 25 (Separation Authority) the entry Army Regulation 635-200, paragraph 11
* item 28 (Narrative Reason for Separation) the entry "Entry Level Status Performance and Conduct"

8.  The applicant provided a letter of support, dated 22 February 2012, from a high school teacher.  The author stated he had known the applicant for 8 years wherein the applicant worked in the same classroom for 4 years as a teacher's aide.  The author stated the applicant would be an invaluable member of any team.  He made it his mission to counsel struggling students, both academically and socially.

9.  The applicant provided a letter of support, dated 2 February 2012, from a fellow associate.  The author stated the applicant was very respectful to everyone, especially to elders.  The author further stated the applicant was dependable and always willing to help.

10.  Army Regulation 635-200 sets forth the basic policy for the separation of enlisted personnel.

	a.  Chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry-level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention.  The following conditions are illustrations of conduct that does not qualify for retention:  cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service.  An uncharacterized description of service is required for separation under this chapter.

	b.  Paragraph 3-7a 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.

	c.  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his uncharacterized discharge should be changed to an honorable discharge and that his performance and conduct were honorable while in the military.  However, contrary to the applicant's contention he was discharged from the military for entry-level performance and conduct, failure of MOS 76Y supply course.

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 chapter 11 discharge is used for entry-level Soldiers not qualified for retention for one of several reasons, including if they cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.  There was evidence, in his counseling to show he could not meet the minimum standards for successful completion of AIT.  

3.  The uncharacterized discharge directed and the reasons therefore were appropriate considering all the facts of this case.  However, an uncharacterized discharge 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 the absence of evidence to the contrary, it is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, it appears the applicant's discharge was both proper and equitable.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant an honorable or 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)                                         AR20130000893



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ABCMR Record of Proceedings (cont)                                         AR20130000893



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