IN THE CASE OF:	  

		BOARD DATE:	  19 November 2013

		DOCKET NUMBER:  AR20130006347 


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 military records to show the character of his service as general under honorable conditions instead of uncharacterized.

2.  The applicant states he believes the characterization of his service is unjust because he was told he would receive a characterization of service of "other than dishonorable."  He contends that an uncharacterized discharge bars him from accessing any veterans' benefits and it is an unfair lifelong sentence for actions taken during his youth.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 17 January 1989.

3.  On 3 February 1989, he was informed by his unit commander that he was initiating action to separating him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11 (Entry Level Status Performance and Conduct).  The commander cited the specific reason for the proposed separation action as the applicant's inability to adapt.  He was advised by his commander that if the separation action was approved, he would receive an uncharacterized entry-level separation.  He was also advised that Department of Veterans Affairs (VA) and other benefits would be affected due to non-completion of his enlistment/active duty service.

4.  The applicant acknowledged notification of the proposed uncharacterized entry-level separation and indicated he understood that VA and other benefits associated with completion of active service would be affected.  He elected not to submit a statement or a rebuttal in his own behalf and elected not to consult with military or civilian legal counsel.

5.  The appropriate separation authority approved the recommendation and directed the applicant's discharge in an entry-level status under the provisions of Army Regulation 635-200, chapter 11.

6.  On 13 February 1989, he was discharged accordingly.  His DD Form 214 shows he was discharged in an entry-level status.  He was credited with completion of 27 days of active duty service.  His service was uncharacterized.

7.  There is no indication the applicant applied to the Army Discharge Review Board for a change in the characterization of his service.

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

	a.  Chapter 11, 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.  This provision applied to individuals who demonstrated they were not qualified for retention because they could not adapt socially or emotionally to military life; or they lacked the aptitude, ability, motivation, or self discipline for military service; or they demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  The regulation required an uncharacterized description of service for separation under this chapter.

	b.  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.  A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization.

	c.  Paragraph 3-9a(1) provides that a separation will be described as entry level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.  Entry-level status is defined as the first 180 days of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the character of his service should be changed to general because an uncharacterized discharge bars him from accessing any veterans' benefits and it is an unfair lifelong sentence for actions taken during his youth was carefully considered.  However, the ABCMR does not recommend changes in a Soldier's character of service for the sole purpose of enabling that individual to obtain veterans' benefits provided by the VA.

2.  The evidence of record confirms his separation action was initiated while he was in an entry-level status.  As a result, his service was appropriately described as "uncharacterized."  A characterization of general under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization.  There are no such circumstances present in the applicant's record.  As a result, a change to the character of his service to general is not warranted.

3.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated.  As a result, there is no basis for granting the applicant's request for 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 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)                                         AR20130006347



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ABCMR Record of Proceedings (cont)                                         AR20130006347



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