BOARD DATE:	  12 February 2014

		DOCKET NUMBER:  AR20130009757 


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 Item 24 (Character of Service) on her 
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show under honorable conditions (general) instead of "Entry Level Status."

2.  The applicant states:

* She is a Service Officer for District 6 in Kentucky
* There are certain members and nonmembers who would like her 
DD Form 214 to show she was discharged under honorable conditions
* Although she has been sanctioned by her National and State Divisions, she is still having issues with some
* Her only desire is to help the service members and their families in the time of need without interference
* She lost 48 pounds before basic training, not realizing she was setting herself up for failure by weakening her body
* She was hospitalized for what seems like weeks after she strained her chest muscles, but it probably was only 1 week at the most
* She could have recycled to the next class, but she chose not to do so
* She knows it was her mistake, but if she had known her service would be uncharacterized she would have stayed in the Army
* All she knew was that she could have reenlisted with a waiver


3.  The applicant provides: 

* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States
* American Legion National Headquarters Letter, dated 28 February 2013
* Email between American Legion officials regarding her membership eligibility
* Service Officer and Acting Adjutant of Boone Post Number 4 Response to the Post 4 Commander, dated 11 March 2013
* Email between the applicant and other Post 4 members
* DD Form 214

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 27 May 1983.

3.  On 25 June 1983, the applicant was counseled by her commanding officer (CO) who recommended she be discharged in accordance with Army Regulation 635-200 (Personnel Separations).  Her CO stated, in effect:

* On 20 June 1983 the hospital recommended she be discharged under the Trainee Discharge Program (TDP)
* On 25 June 1983, she was referred to him for discharge under the TDP
* She was on indefinite profile for chest pains
* She did not meet the criteria for a medical discharge
* She would be on a physical profile for the entire cycle
* She refused to "New Start" and wanted out of the Army
* She lacked motivation and a desire to remain in basic training

4.  On 27 June 1983, the applicant was counseled by her senior noncommissioned officer (NCO) who also recommended she be discharged under the TDP.  Her senior NCO stated:

* On 7 June 1983, it was recommended that she go to the troop medical clinic
* On 16 June 1983, it was recommended that she go to the troop medical clinic for cramps
* On 20 June 1983, the hospital recommended discharge under the TDP
* On 27 June 1983, she was “recommended” to the troop medical clinic
* She showed a lack of motivation to successfully complete basic training and would be on a physical profile the entire cycle
* She was not physically able to complete basic training and could not execute one correct pushup
* She refused a "New Start"; rather, she asked for a discharge
* She was very slow in physical training and she complained of pain all the time
* When her sergeant tried to get her physically fit, her attitude became very bad and she admitted she wanted out of the military

5.  The applicant was notified that she was being recommended for discharge due to a lack of motivation and desire to become a productive Soldier.  She acknowledged receipt of the notification.

6.  On 5 July 1983, the appropriate authority approved the recommendation for discharge.  On 11 July 1983, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11, due to entry level status performance and conduct.  She completed 1 month and 15 days of net active service this period and her service was uncharacterized.

7.  A review of the available records fails to show the applicant ever applied to the Army Discharge Review Board for an upgrade of her discharge within that board's 15-year statute of limitations.

8.  The applicant provides the documents listed in paragraph 3, page 2, of these proceedings, none of which pertain to the character of her service.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this 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.  It states:

	a.  This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self discipline for military service, or they had 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.  Separation under this chapter applied to Soldiers who were in an entry level status and, before the date of the initiation of separation action, completed no more than 180 days of continuous active duty and demonstrated that they could not or would not adapt socially or emotionally to military life.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  Her supporting evidence has been considered.

2.  The available evidence shows the applicant served on active duty for 1 month and 15 days before she was discharged under the provisions of Army Regulation 635-200, chapter 11, due to entry level status performance and conduct.

3.  The applicant served on active duty less than 180 days.  According to the applicable regulation, an uncharacterized description of service was appropriate for separation under this chapter.

4.  The applicant has not shown error or injustice in the character of service she received.  

5.  In view of the foregoing, her 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)                                         AR20130009757



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130009757



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1