IN THE CASE OF:	  

		BOARD DATE:  11 March 2014

		DOCKET NUMBER:  AR20130012496 


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, in effect, that her uncharacterized discharge be upgraded to honorable.

2.  The applicant states she did not know she suffered from schizophrenia and bipolar mental disease.  She has fought this battle and is now a college freshman.  She is taking medication and is doing well but needs help to go to school and to finish.  She is making strides everyday and is getting better.

3.  The applicant provides a copy of a medical record showing she was diagnosed in 1999 with schizophrenia, residual type.

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 2 August 1990, the applicant enlisted in the Regular Army.  She was assigned to Fort McClellan, AL, for initial training.

3.  On 12 September 1990, at a mental status evaluation, the applicant's behavior was passive.  She was fully alert and oriented and displayed a depressed mood.  Her thinking was clear, her thought content normal and her memory good.  There was no significant mental illness.  The applicant was mentally responsible.  She was diagnosed with Axis I: Adjustment disorder with depressed mood; and with Axis II: Dependent and borderline personality traits noted.  She had been reported as having increased suicidal ideation.  She stated she was experiencing acute depression, disturbed sleep, inhibited performance and anxiety due to the stress of training and the recent death of her sister.  She also reported that her estranged husband had been diagnosed with a terminal illness which she fears she may have contracted.

4.  On 18 September 1990, the applicant’s commander recommended that she be separated from the service under the provisions of Army Regulation 635-200, chapter 11, Entry Level Status Performance and Conduct.  The commander based this action on the applicant's adjustment disorder with mixed emotional features, depression, and her unwillingness to put forth effort coupled with suicidal ideations.

5.  On 18 September 1990, the applicant waived consulting counsel.  She did not indicate her preference concerning a statement in her own behalf.

6.  On 24 September 1990, the appropriate authority approved the recommendation for separation.

7.  Accordingly, she was discharged on 27 September 1990.  Her service was uncharacterized.  She had completed a total of 1 month and 26 days of creditable active duty service.

8.  There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of her discharge within its 15-year statute of limitations.

9.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct (or both) while in an entry level status.  It states that separation under this chapter applies to Soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life.  Entry level status is defined as the first 180 days of continuous active duty.  It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized.  A determination on a case-by-case basis may be made that characterization of service is honorable providing there is a clear presence of unusual circumstances involving personal conduct and performance of duty that warrants such determination.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her uncharacterized discharge should be upgraded to an honorable discharge so that she may obtain help with completing her college education.

2.  The available evidence of record clearly shows that the applicant was diagnosed with an adjustment disorder resulting in her being depressed and unwilling to put forth effort, coupled with suicidal ideations.

3.  The evidence of record confirms the separation action was initiated while she was in entry level status, prior to her completing 180 days of continuous active military service.  As a result, her service was appropriately described as "uncharacterized."  An honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  There are no such circumstances present in her record.  As a result, a change to the characterization of her service to honorable is not warranted.

4.  The record shows her separation processing was accomplished in accordance with the applicable regulations.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

5.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

6.  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)                                         AR20130012496





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130012496



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1