IN THE CASE OF:
BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130009771
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 that:
* he enlisted in 1979
* he was honorably discharged
* he was discharged in the rank and grade of sergeant (SGT)/E-5
2. The applicant states he graduated high school and took Christmas leave.
3. The applicant provides no additional evidence.
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's DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted in the U.S. Army Reserve Delayed Entry Program in pay grade E-1 on 24 August 1982 and in the Regular Army on 1 December 1982.
3. On 12 January 1983, 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 as the reasons for the proposed separation action the applicant's refusal to draw and fire his assigned weapon and his negative attitude toward training. 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 Veterans Administration (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 27 January 1983, he was discharged accordingly. His DD Form 214 shows he was discharged in an entry-level status in pay grade E-1. He was credited with completion of 3 months and 8 days of active duty service. His service was uncharacterized.
7. There is no evidence in the applicant's military records that shows he enlisted in 1979 or that he was promoted to the rank and grade of SGT/E-5 prior to his discharge.
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 3-9a(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 his records should be corrected to show he enlisted in 1979, that he was honorably discharged, and to show he was discharged in the rank and grade of sergeant (SGT)/E-5 has been carefully considered.
2. His DD Form 4 shows he enlisted in the U.S. Army Reserve Delayed Entry Program in pay grade E-1 on 24 August 1982 and in the Regular Army on
1 December 1982. There is no evidence in his military records, and he provided none, that substantiates his contention that he enlisted in 1979.
3. 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." The evidence also shows he was separated in pay grade E-1. There is no evidence indicating he was promoted to SGT/E-5 prior to discharge.
4. Based on the foregoing, there is no basis to grant 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) AR20130009771
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130009771
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120010301
Due to the applicant's attitude, the 1SG recommended he be discharged under the TDP. At least one formal counseling was required before separation proceedings could be initiated and there must have been evidence that the Soldier's deficiencies continued after the initial formal counseling. There is no evidence during his formal counseling or during his processing for separation that he was told he would receive an honorable discharge.
ARMY | BCMR | CY2011 | 20110005243
The applicant requests, in effect, that her uncharacterized discharge be upgraded to an honorable or a medical discharge. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Service medical records * Service personnel records * DVA medical records CONSIDERATION OF EVIDENCE: 1. On 11 December 1982, the applicants unit commander initiated action to separate her under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted...
ARMY | BCMR | CY2015 | 20150001460
The applicant requests, in effect, correction of his records to show he was medically discharged. Personnel who enlisted in the RA are considered to be in an 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. The regulatory guidance shows that personnel who enlist in the RA are considered to be in an entry level status if, before the date of the initiation of separation action, they have...
ARMY | BCMR | CY2010 | 20100021655
On 19 November 1982, his unit commander informed the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 11, by reason of entry level status (ELS) performance and conduct. It states that a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated. The evidence of record confirms...
ARMY | BCMR | CY2011 | 20110013528
On 9 March 1983, the applicant's commander notified the applicant that he was recommending that he be separated from the service under the provisions of chapter 11, Army Regulation 635-200, Trainee Discharge Program (TDP), due to a lack of physical aptitude. This regulation was revised effective 1 October 1982 to delete the expeditious discharge program and provide for an uncharacterized separation for Soldiers separated with 180 days or less of continuous service. The applicant's...
ARMY | BCMR | CY2013 | 20130000893
Application for correction of military records (with supporting documents provided, if any). On 16 November 1982, the applicant's commander initiated separation under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 11, for entry-level status performance and conduct. c. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2004 | 20040011342C070208
On 6 December 1982, the applicant’s commander notified the applicant that he was initiating action to separate her from the service under the provisions of Army Regulation 635-200, chapter 11, for entry-level status performance and conduct. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. The applicant has submitted insufficient evidence with her...
ARMY | BCMR | CY2008 | 20080006577
He was advised that he could be separated under the provisions of chapter 11, Army Regulation 635-200 (Enlisted Personnel Separations) if he had less than 180 days of active service. On 4 January 1983, the unit commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200 (Enlisted Personnel Separations), chapter 11 (entry-level separation) by reason of entry level status performance and conduct, with an uncharacterized discharge. On 10...
ARMY | DRB | CY2013 | AR20130013312
The evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct; specifically for refusing to train since learning he would not be able to obtain a security clearance required for attendance at the Officers Candidate School (OCS). The applicant was separated from the Army on 14 July 2010, with an uncharacterized discharge. It states a separation...
ARMY | BCMR | CY2015 | 20150002308
An authorized official approved his entry-level separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, on 15 February 1983. The evidence of record does not support the applicant's request to change the type of discharge he received. ___________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.