IN THE CASE OF
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130022019
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 his reason for discharge be changed to show he was discharged by reason of permanent disability.
2. The applicant states he should have been medically discharged honorably because he spent 2 weeks being hospitalized in a psychiatric ward before being discharged.
3. The applicant provides no additional documents with his 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 13 July 1994 for a period of 4 years and training as a wire systems installer and he was transferred to Fort Jackson, SC to undergo his basic training.
3. The facts and circumstances surrounding his administrative discharge are not present in the available records. However, his record contains a duly authenticated DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he was discharged on 30 August 1994 under the provisions of Army Regulation 635-200 chapter 11, due to entry level performance and conduct. He had served 1 month and 18 days of active service and his service was uncharacterized.
4. 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 service medical records are not available. In the absence of evidence to show otherwise, it must be presumed that the applicants administrative discharge was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.
2. Accordingly, it appears the type of discharge directed and the reasons therefore were appropriate given the circumstances in the case. Additionally, there is no evidence present to show that he should have been processed through the Physical Disability Evaluation System.
3. 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.
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) AR20130022019
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ABCMR Record of Proceedings (cont) AR20130022019
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