IN THE CASE OF:	  

		BOARD DATE:  14 January 2014

		DOCKET NUMBER:  AR20130008758 


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 her record to show she received an honorable discharge (HD) and to show she was awarded a marksmanship qualification badge.

2.  She states an "education representative" told her she needed to have her discharge upgraded to an HD to get into school.  She also states she doesn't see her marksmanship qualification badge on her DD Form 214 (Certificate of Release or Discharge from Active Duty).  She remembers receiving it and it is pinned on the uniform she still has.  She states she received the badge during basic training at Fort Jackson, SC.

3.  She provides no additional evidence in support of her 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.  On 20 May 2004, the applicant enlisted in the Regular Army.  Her record shows that, after completing basic combat training at Fort Jackson, SC, she was assigned to Fort Lee, VA, for advanced individual training (AIT).  

3.  Her record is void of documentation showing she was awarded a marksmanship qualification badge during basic combat training.

4.  On 12 October 2004, she was counseled by her commander for failing the Army Physical Fitness Test (APFT) three consecutive times, which was a requirement for graduation from AIT.  Her commander informed her he intended to begin administrative separation proceedings under Army Regulation 635-200, chapter 11.  

5.  On 12 October 2004, the applicant acknowledged receipt of a memorandum from her commander notifying her of his intent to initiate action to separate her for entry-level performance under the provisions of Army Regulation 635-200, paragraph 11-3, because she failed to pass the APFT.  He informed her he was recommending that she receive an entry-level separation and he advised her of her rights.

6.  On 13 October 2004, she consulted with counsel, who advised her of the basis for her contemplated separation and its effects, and the rights available to her.  After consulting with counsel, the applicant elected not to submit a statement in her own behalf.

7.  On 15 October 2004, the separation authority approved her discharge under the provisions of Army Regulation 635-200, chapter 11, and directed she receive an uncharacterized discharge.  On 21 October 2004, she was discharged accordingly.  

8.  Her DD Form 214 shows she completed 5 months and 2 days of active military service.  The DD Form 214 does not show she was awarded a marksmanship qualification badge.  

9.  On 12 May 2010, the President, Army Discharge Review Board (ADRB), notified her that her request for a change in the character of and/or reason for her discharge were denied.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  
	a.  Chapter 11 provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status.  This provision of regulation applies to individuals who have demonstrated that they are not qualified for retention because they cannot adapt socially or emotionally to military life, or because they lack the aptitude, ability, motivation, or self discipline for military service, or they have demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applies to Soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  The regulation requires an uncharacterized description of service for separation under this chapter.

	b.  Entry level status is defined as the first 180 days of continuous active service or the first 180 days of continuous active service after a service break of more than 92 days of active service.

	c.  Paragraph 3-7a provides that an HD 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.

11.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged under the provisions of Army Regulation 
635-200, chapter 11, because she was unable to pass the APFT, one of the minimum standards for successful completion of initial entry training.  Separation under this chapter required that her service be uncharacterized.  All requirements of law and regulation were met and her rights were fully protected throughout the separation process.  

2.  The available record does not contain any evidence and the applicant has not provided any evidence that show errors in her separation processing.  In the absence of such evidence, there is no basis for correcting her record to show she received anything other than an uncharacterized discharge.  

3.  An uncharacterized discharge is neither positive nor negative.  It simply means the Soldier did not serve on active duty long enough to qualify for a specified characterization of service.

4.  The ABCMR does not grant requests for changes to discharges solely for the purpose of making an applicant eligible for entry into an education program.  Each case is individually decided based upon its merits when an applicant requests a change in his or her discharge.

5.  There is no documentary evidence corroborating her claim that she was awarded a marksmanship qualification badge.  In the absence of such evidence, there is no basis for correcting her record to show she received a marksmanship qualification badge.

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)                                         AR20130008758





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130008758



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1