IN THE CASE OF:	  

		BOARD DATE:  12 November 2013

		DOCKET NUMBER:  AR20130005459


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 an upgrade of her uncharacterized discharge.

2.  The applicant states:

* at the time of her separation, she was married to a very abusive husband
* she was young and believed that if she stood by him he would change
* he controlled her every move, and he wanted her out of the Army, but she did not want to leave the Army because she enjoyed serving
* she was beaten until she said she'd do whatever he wanted
* that was the biggest mistake of her life – when we are young we sometimes make a bad choice
* she doesn't have any records of the abuse – she kept everything quiet
* her husband did go to prison for trying to kill their son, which should show what kind of man he is and what he was capable of
* she doesn't deserve an uncharacterized discharge since she completed her initial entry training

3.  The applicant provides no further evidence in support of her request.

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 19 August 1987.  She entered active duty at Fort Dix, NJ, completed her initial entry training, and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).

3.  Upon her completion of initial entry training she was reassigned to the 603rd Transportation Company, 5th Infantry Division (Mechanized), at Fort Polk, LA.

4.  Her record is void of the circumstances that led to her separation processing; however, on or about 13 January 1988, she underwent a mental status evaluation, as directed by her chain of command, in preparation for separation.  

5.  Her examining psychiatrist recorded his findings on a DA Form 3822-R (Report of Mental Status Evaluation), wherein he diagnosed her as having a mixed personality disorder, with dependent and avoidant traits of sufficient severity to significantly impair her ability to perform her military duties.  She was prone to suicidal ideation and suicide attempts when minimally stressed.  She was extremely dependent on her husband and was unable to cope with military life.  He strongly recommended her expeditious administrative separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-13.

6.  On 20 January 1988, her immediate commander informed her of his intent to process her for separation under the provisions of Army Regulation 635-200, chapter 11 (Entry Level Status Performance and Conduct), by reason of unsatisfactory performance.  Her commander stated he was recommending she receive an uncharacterized separation.  She acknowledged receipt of the separation notification, consulted with counsel, and elected not to submit statements in her own behalf.

7.  Her commander recommended her discharge from the Army under the provisions of Army Regulation 635-200, chapter 11.

8.  On 27 January 1988, the separation authority approved her separation action for performance and conduct while in an ELS.  The separation authority directed she be separated under the provisions of Army Regulation 635-200, chapter 11, and that she receive an uncharacterized separation.

9.  On 1 February 1988, she was discharged accordingly.  At the time of her discharge she had completed 5 months and 23 days of net active service.  Her DD Form 214 shows in:

* Item 23 (Type of Separation) – Discharge
* Item 24 (Character of Service) – Uncharacterized
* Item 25 (Separation Authority) – Chapter 11, Army Regulation 635-200
* Item 28 (Narrative Reason for Separation) – Entry Level Separation

10.  There is no indication she 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.  Chapter 3 describes the different characterizations of service.
Chapter 11 of the regulation 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.

	a.  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 Soldier’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 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 reasons for separation, unless an entry-level status separation (uncharacterized) is warranted.

	b.  Paragraph 3-7b 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.

	c.  Paragraph 3-9 provides that an uncharacterized separation will be described as an entry level separation if processing is initiated while a Soldier is in entry level status, except when:

		(1)  When characterization Under Other Than Honorable Conditions is authorized under, the reason for separation and is warranted by the circumstances of the case.

		(2)  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.  This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the Government and Secretarial plenary authority.

	d.  Paragraph 11-2 provided for the separation of Soldiers in entry level status when warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, the lack of reasonable effort, or failure to adapt to the military environment.

	e.  Paragraph 11-3 provided that this separation policy applied to Soldiers who voluntarily enlisted in the Regular Army, ARNG, or USAR; were in entry level status and, before the date of the initiation of separation action, had completed no more than 180 days of continuous AD or IADT (or no more than
90 days of Phase II under the split or alternate training option); had demonstrated that they were not qualified for retention; or had failed to respond to counseling.  An uncharacterized description of service was required for separation under this chapter.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of her uncharacterized was carefully considered; however, there is an insufficient evidentiary basis to support her request.

2.  The exact circumstances that led to her separation are not clear; however, it appears her chain of command believed she could not adjust to military life, as evidenced by her personal problems that affected her ability to perform her military duties.  It appears her evaluating psychiatrist shared this belief.  Accordingly, her chain of command initiated separation action against her.

3.  The record shows her separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and her rights were fully protected throughout the separation process.  

4.  A Soldier is in an entry level status, or probationary period, for the first 180 days of continuous active service.  Her separation action was initiated prior to the completion of 180 days of continuous active duty service; therefore, she was separated in an entry level status and her service is properly described as uncharacterized.  

5.  The issuance of an under honorable conditions (general) discharge to members in an entry level status is not authorized, and an honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  No such unusual circumstances are documented in her record; therefore, there is no basis to support any change to the characterization of her service.

6.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means the Soldier was not in the Army long enough for his or her character of service to be rated as honorable or otherwise.

7.  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)                                         AR20100014926



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ABCMR Record of Proceedings (cont)                                         AR20130005459



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