BOARD DATE:	  27 August 2013

		DOCKET NUMBER:  AR20130000894 


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 upgrade his uncharacterized characterization of service to honorable.

2.  The applicant states he and his Department of Veterans Affairs (VA) representative were told his DD Form 214 was incorrect and should read honorable vice uncharacterized.  His characterization of service needs to be upgraded so that he can obtain veterans services/benefits.

3.  The applicant provides his DD Form 214.

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 on 15 March 1991 and was not awarded a military occupational specialty.  The highest rank/grade he attained while serving on active duty was private (PV1)/E-1.

3.  His DA Form 2-1 (Personnel Qualification Record) shows in

	a.  Item 21 (Time Lost) that he incurred a total 55 days of lost time on the following periods:

* 2 June 1991 to 1 July 1991 - absent without leave (AWOL) 
* 24 July 1991 to 16 August 1991 - Imprisonment 

	b.  Item 35 (Record of Assignments) shows he was assigned to U.S. Army Engineer Center (USAEC), Fort Leonard Wood, MO for basic combat and advanced individual training from 21 March 1991 to 28 August 1991.  However, during this period he was imprisoned at Fort Sill, OK, from 24 July 1991 to 
16 August 1991.

4.  His record contains a DA Form 4430-R (Report of Result of Trial), dated 
24 July 1991, which shows a summary court-martial convicted him of being AWOL from 2 June 1991 to 1 July 1991.

5.  His record contains two DA Forms 4856 (General Counseling Form), dated 
19 August 1991 and 21 August 1991, which show he was counseled for:

* being AWOL from 2 June 1991 to 1 July 1991
* initiation of separation proceedings in accordance with (IAW) Army Regulation 635-200 (Enlisted Separations), chapter 11 (Entry Level Status Performance and Conduct), for failure to adapt to the military
* lack of motivation
* lack of discipline 
* being AWOL for 29 days

6.  On 19 August 1991, his immediate commander notified him of his intent to initiate separation actions against him under the provisions of chapter 11 of Army Regulation 635-200 for sociological problems and intended to release him from active duty and transfer him to a reserve component or release him from custody and control of the Army.  His commander stated the specific reasons for the proposed discharge were that he lacked motivation, self-discipline, and the desire to become a Soldier and, therefore, it was in the best interest of the Army that he be separated.  He was further advised that if the request for separation was approved he would receive an entry level status characterization of service.  
7.  On 21 August 1991, he acknowledged receipt of the separation notification in accordance with Army Regulation 635-200, chapter 11 and consulted with legal counsel, who advised him of his rights.  

8.  On 23 August 1991, the separation authority approved his discharge in accordance with Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct with an uncharacterized discharge.  Accordingly, on 
28 August 1991, he was discharged.

9.  His DD Form 214 confirms he was discharged in accordance with Army Regulation 635-200, paragraph 11-3a, with an uncharacterized character of service (entry level status).  This form also shows he completed 3 months and 
19 days of net active service with 55 days of lost time.

10.  There is no indication he applied to the Army Discharge Review Board for a change of his discharge within that board’s 15-year statute of limitations.

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army.  Chapter 11 of this regulation, in effect at the 
time, governed the entry level status discharge.  It provided for the separation of service members who lacked the necessary motivation, discipline, ability or aptitude to become productive Soldiers or have failed to respond to formal counseling.  The regulation essentially requires that the service member must have voluntarily enlisted; must be in basic, advanced individual, on the job or service school training, and must not have completed of more than 180 days of active duty on their current enlistment at the time his/her separation action is initiated.  The regulation provided that Soldiers may be separated when they have demonstrated that they are not qualified for retention due to failure to adapt socially or emotionally to military life; cannot meet 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.  The regulation required an uncharacterized description of service for separation under this chapter.

12.  Army Regulation 635-200, chapter 3, describes the different types of characterization of service.  It states that an uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  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.  Upon enlistment, a Soldier qualifies for entry level status during the first 180 days of continuous active military service or the first 180 days of continuous active service after a service break of more than 92 days of active service.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that while in training, the applicant was convicted by a summary court-martial of AWOL.  He also appears to have lacked motivation and self-discipline and showed an inability to adjust to the military environment.  Accordingly, his immediate commander recommended his separation under the provisions of Army Regulation 635-200, chapter 11.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

2.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.  

3.  The entry-level separation is given regardless of the reason for separation.  An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service 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.  As a result, there is no basis for granting the applicant's request to change his character of service to either honorable or general.




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)                                         AR20130000894





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130000894



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1