IN THE CASE OF:	  

		BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20130001378 


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 under honorable conditions (general) discharge or an honorable discharge.

2.  The applicant states, in effect, that he served as an infantryman at Fort Campbell, KY from 9 September 1986 to 19 March 1987 for a total of 190 days on active duty.  He was pending a medical discharge for his feet when he was diagnosed as an alcoholic.  He further contends that he was suffering from undiagnosed depression at the time he requested separation from the Army.  Although he was young at the time of the incident, a review of his record will show he had no disciplinary actions, courts-martial, or absentee days.  Upgrading his discharge will allow him to receive health care and other benefits.

3.  The applicant provides no additional evidence.

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's record shows he enlisted in the Regular Army on 9 September 1986.

3.  His military record contains DA Forms 4856 (General Counseling Form) which show:

a. On 6 February 1987, the applicant’s commander counseled him on his
self-proclaimed inability to adjust to military circumstances and surroundings.  The applicant was offered assistance from the chain of command but expressed a desire to separate from the service.

	b.  On 10 February 1987, the applicant  was counseled by his Battalion Chaplain concerning his personal and family problems.  The chaplain stated that in his opinion the nature of the applicant’s problems were depression, immaturity, alcohol and problems at home.  The applicant informed the chaplain that he had suicidal thoughts when intoxicated.

4.  On 3 March 1987, the applicant’s immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of chapter 11 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) by reason of entry level separation.  The immediate commander stated that the applicant was diagnosed by the Division Psychiatrist as having an adjustment disorder and being an alcoholic.  He further stated that the applicant seemed to have no desire to stay in the Army.

5.  On 4 March 1987, the applicant acknowledged receipt of the separation notification in accordance with chapter 11 of Army Regulation 635-200.  He acknowledged that he understood if the request for discharge was approved, he would receive an entry level separation with uncharacterized service.  He further acknowledged that he would not be permitted to apply for reenlistment in the U.S. Army within 2 years of his separation.  The applicant made no election in regards to submitting statements on his own behalf.

6.  On 5 March 1987, the immediate commander initiated separation action against the applicant in accordance with chapter 11 of Army Regulation 635-200 for failure to meet basic rifle marksmanship standards.  The immediate commander recommended an entry level separation.



7.  On 10 March 1987, the separation authority waived the rehabilitation requirements and approved the applicant's discharge from the Army under the provisions of chapter 11, Army Regulation 635-200.  Accordingly, the applicant was discharged on 19 March 1987.

8.  His DD Form 214 confirms he was discharged due to entry level status performance and conduct in accordance with chapter 11 of Army Regulation 635-200 with an uncharacterized character of service.  He completed 6 months and 10 days (192 days) of creditable active military service.

9.  The applicant's medical records are not available for review and there is no evidence that he was pending a medical separation for an injured foot.

10.  There is no indication he applied to the Army Discharge Review Board for an upgrade 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.  Chapter 11 of this regulation sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status.  It states in pertinent part that when separation of a member in entry level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, the member normally will be separated per this chapter.  This separation policy applies to enlisted members of the Regular Army, who have completed no more than 180 days active duty on current enlistment by the date separation is initiated, have demonstrated that they are not qualified for retention for one or more of the following reasons:  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; have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or failed to respond to counseling.

12.  Chapter 3 of this regulation describes the different types of characterization of service.  It provides in pertinent part 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 an entry-level status, except when the characterization of under other than honorable condition is authorized or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  For RA Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his uncharacterized discharge to a general or an honorable discharge.

2.  By regulation, a separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when the characterization of under other than honorable condition is authorized or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  In the applicant's case, his separation processing was initiated while he was in an entry-level status.  He entered active service on 9 September 1986 and his separation action was initiated on 3 March 1987 (176 days of active duty).

3.  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 it is approved by the Secretary of the Army.

4.  An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.

5.  Based on the above, his request should be denied.

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)                                         AR20130001378





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ABCMR Record of Proceedings (cont)                                         AR20130001378



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