BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130018798
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 that her uncharacterized discharge be upgraded to a fully honorable discharge.
2. The applicant states, in effect, that her discharge would be upgraded to a fully honorable discharge after 3 months. She was young and scared and did not understand anything except that she wanted to go home. She was mistreated by her commander and was under mental duress and agreed to whatever she was told in order to go home. However, she believes that she should be compensated for all of those years and recognized for her service.
3. The applicant provides no additional documents with 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. The applicant enlisted in the Regular Army on 8 June 1982 for a period of 3 years and training as an administrative specialist. She completed basic training at Fort Dix, New Jersey and she was transferred to Fort Jackson, South Carolina to undergo advanced individual training on 14 August 1982.
3. On 19 November 1982, the applicants commander notified her that he was initiating action to discharge her from the service under the provisions of chapter 11, Army Regulation 635-200, Trainee Discharge Program, due to her repeated failure (four times) of the Army Physical Fitness Test and a lack of motivation to train physically.
4. The applicant declined the opportunity to consult with counsel and elected not to submit a statement in her own behalf.
5. The appropriate authority approved the recommendation for discharge on
23 November 1982 and directed that her service be uncharacterized.
6. Accordingly, she was discharged on 30 November 1982 under the provisions of Army Regulation 635-200, chapter 11, due to entry level status performance and conduct. She had served 5 months and 23 days of active service and her service was uncharacterized.
7. There is no evidence in the available records to show she applied to the Army Discharge Review Board for an upgrade of her discharge within that boards 15-year statute of limitations.
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 of that regulation provides for the separation of personnel for unsatisfactory performance or conduct (or both) while in an entry level status (less than 180 days of active service). This policy applied to individuals who demonstrated they were not qualified for retention because they could not meet the minimum standards prescribed for successful completion of training and they lacked the aptitude, ability, motivation or self-discipline for military service, or they demonstrated characteristics not compatible with satisfactory continued service. Personnel separated under this provision would be separated under entry level status with their service uncharacterized.
DISCUSSION AND CONCLUSIONS:
1. The applicants administrative discharge was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized her rights.
2. Accordingly, it appears the type of discharge directed and the reasons therefore were appropriate given the circumstances in the case.
3. The applicant's contentions that she was led to believe she could have her discharge changed to an honorable or general discharge has been noted and appears to be without merit. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. Additionally, there are no automatic provisions for upgrading such discharges.
4. In view of the foregoing, there is no basis for granting the applicant's 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) AR20130018798
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