IN THE CASE OF:	   

		BOARD DATE:	  30 January 2014

		DOCKET NUMBER:  AR20130010285 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: 

* Item 12a (Date Entered Active Duty This Period), from 29 October 1998 to a different date
* Item 12b (Separation Date This Period), from 2 December 1998 to a different date
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show his medals
* Item 24 (Character of Service) from uncharacterized to honorable

2.  The applicant states item 24 of his DD Form 214 has the word honorable written but it needs to be typed.  Item 13 does not show his medals.  

3.  The applicant provides:

* DD Form 214 (with the word “HONORABLE” printed in item 24)
* State of North Carolina driver license
* Department of Veterans Affairs (VA) card
* Military Identification Card
* Veteran Identification Card
* Veteran of Foreign Wars Card
* Military Star Card
* Photographs of coins
* VA Application for Health Benefits
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 records show he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 18 September 1998.  

3.  He was discharged from the DEP on 28 October 1998 and enlisted in the Regular Army for 4 years on 29 October 1998.  He was assigned to Company C, 120th Adjutant General Battalion, Fort Jackson, SC, for training.  

4.  On 25 November 1998, the applicant's immediate commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11 (Entry Level Status), by reason of lack of motivation and lack of adaptability necessary to become a productive member of the military.  He was further advised that if the request for separation was approved he would receive an entry level status character of service.

5.  The applicant acknowledged receipt of the separation notification action in accordance with Army Regulation 635-200, chapter 11.  He waived his right to consulting counsel and he elected not to submit a statement in his own behalf.  He acknowledged that he may encounter substantial prejudice in civilian life if his discharge was approved.  He also acknowledged he understood if the recommendation for separation is approved, he would receive an entry level separation with an uncharacterized discharge. 

6.  Subsequent to this acknowledgement, the applicant's immediate commander initiated separation action against him in accordance with chapter 11 of Army Regulation 635-200.  He recommended an entry level separation.


7.  On 25 November 1998, the separation authority approved the applicant's separation from the Army in accordance with Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct with an uncharacterized description of service.  He further ordered him not transferred to the USAR (Individual Ready Reserve (IRR)).  

8.  On 30 November 1998, Headquarters, U.S. Army Training Center, Fort Jackson, SC, published Orders 334-1212, ordering his reassignment to the U.S. Army Transition Center, for out-processing on 30 November 1998 and discharge on 2 December 1998.  Accordingly, the applicant was discharged from the Army on 2 December 1998.

9.  The DD Form 214 he was issued at the time confirms he was discharged from active duty in accordance with Army Regulation 635-200, chapter 11, with an uncharacterized character of service.  This form also shows he completed 
1 month and 4 days of creditable active service. It also shows in:

* Item 12a - 1998-10-29
* Item 12b - 1998-12-02
* Item 13 - None
* Item 24 – Uncharacterized (with a mark resembling an “H” included)

10.  There is no indication he 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 from the Army.  Chapter 11 of this regulation, in effect at the time, governed the entry level status discharge.  It provided for the separation of service members who lacked the necessary motivation, discipline, ability or aptitude to become productive Soldiers or have failed to respond to formal counseling.  The regulation essentially requires that the service member must have voluntarily enlisted; must be in basic, advanced individual, on the job or service school training, and must not have completed of more than 179 days of active duty on their current enlistment by the date of separation.  The regulation provided that Soldiers may be separated when they have demonstrated that they are not qualified for retention due to failure to adapt socially or emotionally to military life; cannot meet minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service.  The regulation required an uncharacterized description of service for separation under this chapter.

12.  Army Regulation 635-200, chapter 3, describes the different types of characterization of service.  It states that an uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when 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.  For the purposes of characterization of service, the Soldier’s status is determined by the date of notification as to the initiation of separation proceedings.  Upon enlistment, a Soldier qualifies for entry level status during the first 180 days of continuous active military service or the first 180 days of continuous active service after a service break of more than 92 days of active service.

13.  Army Regulation 635-200, 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 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.

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The regulation states DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in item 12e.  However, it is creditable service for completing the statutory military service obligation.  Chapter 2 contains item-by-item guidance for preparation of the DD Form 214.  Item 12a and 12b show the date of entry on active duty and date of separation from active duty, and item 13 shows awards and decorations from the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the entry and separation dates: 

	a.  The applicant enlisted in the DEP on 18 September 1998 but he did not enlist in the Regular Army until 29 October 1998.  In other words, between 18 September 1998 and 29 October 1998, he was not on active duty.  He entered active duty on 29 October 1998.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.

	b.  The applicant enlisted in the Regular Army on 29 October 1998 and he was discharged on 2 December 1998.  Both dates, his date of entry and date of discharge, are correctly shown on his DD Form 214.  He neither indicates what dates he wishes be shown nor supports his request with any evidence or proven the existing dates are incorrect.  

2.  With respect to the awards and decorations, the applicant did not specify which award or decoration he earned and/or was awarded or authorized.  Nothing in his records shows he was awarded any awards or decorations.  Likewise, nothing in his records shows he served a qualifying period of service for any awards.

3.  With respect to the character of service: 

	a.  The evidence of record shows that while in training the applicant appears to have lacked motivation and self-discipline and showed an inability to adjust to the military environment.  Accordingly, his immediate commander recommended his separation under the provisions of Army Regulation 635-200, chapter 11.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, his separation accurately reflects his overall record of service.

	b.  During the first 180 days of continuous active military service, a member's service is under review.  When separation action is started within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by The Secretary of the Army.  A general characterization of service is not authorized.

	c.  The entry-level separation is given regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service is not meant to be a negative reflection of a Soldier’s military service.  It merely means the Soldier has not been in the Army long enough for his/her character of service to be rated as honorable or otherwise.  As a result, there is no basis for granting the applicant's request to change his character of service to an honorable discharge.  The hand-written entry in the shape of the letter "H" in item 24 of his DD Form 214 does not translate to honorable.  



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)                                         AR20130010285





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ABCMR Record of Proceedings (cont)                                         AR20130010285



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