IN THE CASE OF:	  

		BOARD DATE:  17 September 2013

		DOCKET NUMBER:  AR20130001560 


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 records to show his service in the Army was honorable.

2.  The applicant states that his separation document shows he was discharged for the convenience of the government with an "entry level status" character of service.  At the time of his separation, he was unaware that this designation was unacceptable for employment/vocational purposes.

3.  The applicant provides no additional documentary evidence in support of his application.

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 U.S. Army Reserve, Delayed Entry Program (DEP) on 21 January 1984 and further enlisted in the Regular Army (RA) on 
25 April 1984 for a period of 4 years.

3.  On 24 July 1984, the company commander notified the applicant of his intent to initiate separation action to discharge him under the provisions of chapter 11, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), due to Entry Level Status Performance and Conduct - Trainee Discharge Program (TDP).

   a.  The reasons for his proposed action were the applicant's lack of motivation and self-discipline.  The separation action contains eight counseling statements documenting numerous counseling sessions dating back to 18 May 1984.

   b.  The applicant was advised of his rights, the separation procedures involved, and that he would receive an entry level separation (uncharacterized service).

4.  On 24 July 1984, the applicant acknowledged with his signature that he had been notified of the basis for the contemplated separation action under the TDP.

   a.  He was advised that, if approved, he would receive an entry-level separation with uncharacterized service and he would not be permitted to apply for reenlistment in the U.S. Army within 2 years of separation.
   
   b.  The applicant indicated that he did not desire to have counsel assist him in explaining the discharge procedures or in making statements or rebuttals on his behalf.

   c.  He also indicated that he did not desire to have a separation medical examination.
   
   d.  He did elect to submit a statement in his own behalf.
   
    	(1)  In his statement, dated 2 August 1984, the applicant explained that after enlisting in the DEP, he married the woman who was the mother of his son.  She did not want him to enter active duty.  He attempted to have his enlistment contract changed or cancelled, but he was unsuccessful.  
   
    	(2)  On 30 April 1984, he injured his knee during drill and ceremony.  Medical officials prescribed pain medication and issued him a profile.  However, the unit's cadre said he was lacking in motivation.

    	(3)  He added that he wrote his Congressman explaining that he should be issued a medical discharge, but had not yet heard from him.

5.  On 2 August 1984, the company commander forwarded the applicant's separation action to the battalion commander.

6.  The battalion commander recommended approval of the applicant's separation action under the TDP.  He noted the applicant complained of a knee problem; however, there was no medical basis for a medical discharge.  He added that the applicant had lost all desire for continuing training and he had no potential for becoming a productive Soldier.

7.  On 6 August 1984, the separation authority approved the discharge recommendation and directed that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 11, with an entry level status (uncharacterized) separation.

8.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty on 25 April 1984 and he was discharged on 22 August 1984 under the provisions of Army Regulation 635-200, paragraph
11-3a, based on entry level status performance and conduct.

   a.  He completed 3 months and 28 days of active service during this period.  

   b.  It also shows his character of service was "entry level status" with a separation code of "JGA" (Entry Level Performance and Conduct).

9.  A review of the applicant's military personnel records failed to reveal any evidence that the applicant applied to the Army Discharge Review Board for review of his discharge within its 15-year statute of limitations.

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

	a.  Chapter 3 (Character of Service/Description of Service) provides in:

    	(1)  paragraph 3-7a, 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.  Only the honorable characterization may be awarded to a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted; and

   	(2)  paragraph 3-9, separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status.

	b.  Chapter 11 provides policy and guidance for the separation of personnel because of unsatisfactory performance or conduct while in entry level status.  Personnel who enlisted in the RA are considered in entry level status if, before the date of the initiation of separation action, they have completed no more than 180 days of continuous active duty.  Service of personnel separated under the provisions of this chapter will be described as uncharacterized.

11.  Army Regulation 635-5 (Separation Documents), in effect during the period of service under review, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his discharge should be corrected to show he was honorably discharged.

2.  Records show the applicant enlisted and entered active duty in the RA on
25 April 1984.  On 24 July 1984, the applicant's company commander initiated separation action against him based on a lack of motivation and self-discipline. The separation authority approved the separation action and the applicant was discharged on 22 August 1984.  At the time, he had completed 3 months and 28 days (i.e., 118 days) of active service.  Therefore, the evidence of record shows the applicant was in an entry level status when he was discharged.

3.  The regulatory guidance shows that an individual will be issued an entry-level status (uncharacterized) separation if processing is initiated while a Soldier is in an entry-level status.

4.  The ABCMR does not grant requests for change of discharges solely for the purpose of making the applicant eligible for vocational/employment opportunities. Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.

5.  Records show the applicant's separation under the provisions of Army Regulation 635-200, chapter 11, based on entry level performance and conduct was administratively correct and in compliance with applicable regulations in effect at the time.

6.  An uncharacterized discharge 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 or her character of service to be rated as honorable or otherwise.  The applicant may want to so inform any potential employers.

7.  In view of the foregoing, the applicant is not entitled to the 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)                                         AR20130001560



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ABCMR Record of Proceedings (cont)                                         AR20130001560



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