IN THE CASE OF:  	  

		BOARD DATE:  4 September 2014	  

		DOCKET NUMBER:  AR20140000769 


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 her uncharacterized discharge to honorable.

2.  The applicant states she entered military service during the Gulf War.  She served her country well and to the best of her ability.  During the period of her service in the Army there was no discipline.  Her commander did not have her evaluated for her medical conditions before she was discharged. If she had not been discharged, she would have made the Army her career.

3.  The applicant provides copies of a Reassignment Records Checklist, three medical records, and an Individual Transition Plan.

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 (RA) on 1 May 1991 for a period of 6 years for training in military occupational specialty (MOS) 91U (Ear, Nose, and Throat Specialist). 
   
3.  A DA Form 4856 (General Counseling Form), dated 26 September 1991, shows the applicant was counseled by her commanding officer on her overall behavior.  He informed her she had demonstrated that she was unable to adapt socially or emotionally to the demands of military life.  He noted that she had an alcohol abuse problem which severely affected her duty performance.  He also informed her that he was initiating action under the provisions of (UP) Army Regulation 635-200 (Enlisted Separations - Enlisted Personnel), chapter 11 (Entry Level Status Performance and Conduct – Trainee Discharge Program) to separate her from the service prior to her normal expiration term of service (ETS).  The commanding officer and applicant placed their signatures on the document.

4.  On 27 September 1991, the applicant's company commander initiated action against her UP AR 635-200, chapter 11.

   a.  The reasons for his proposed action were the applicant's inability to adapt socially or emotionally to the demands of the military service.  He noted that she had been hospitalized and treated for suicidal tendencies.

	b.  The applicant was advised of her rights and the separation procedures involved.

   c.  She was also advised that he was recommending she receive an entry level separation.

5.  The applicant acknowledged that she had been afforded the opportunity to consult with appointed counsel for consultation, military counsel of her own choice if he/she was reasonably available, or civilian counsel at her own expense; however, she declined the opportunity.

   a.  She also acknowledged that she had received adequate counseling and rehabilitative measures concerning her inability to become a productive member of the Armed Forces.

   b.  She further acknowledged that she understood that, if approved, she would receive an uncharacterized discharge.

   c.  She elected not to submit statements in her own behalf.

   d.  The applicant placed her signature on the document.
6.  On 27 September 1991, the applicant's company commander recommended approval of the applicant's separation action based on her entry level status performance and conduct.  He indicated a Report of Mental Status Evaluation or psychiatric report was enclosed; however, a copy was not filed in the applicant's military personnel records.

7.  On 27 September 1991, the separation authority approved the commander's recommendation for discharge of the applicant and directed an entry level status separation of "uncharacterized."

8.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she entered active duty on 1 May 1991 and was discharged on 
9 October 1991 UP AR 635-200, chapter 11, based on entry level status.  She completed 5 months and 9 days of net active service during this period.  It also shows in item 24 (Character of Service):  "Uncharacterized."

9.  A review of the applicant's military personnel records failed to reveal any evidence that the applicant applied to the Army Discharge Review Board for review of her discharge within its 15-year statute of limitations.

10.  In support of her request the applicant provides the following documents:

   a.  DA Form 5123-R (Reassignment Records Checklist), dated 28 June 1991, used to indicated the presence of the records, documents, and items in the applicant's Military Personnel Records Jacket or possession.  It shows in the Health and Dental Records (DA Form 3444 Series) section, in pertinent part, the following entries:

* "Yes" for Emergency Medical Identification Symbol, Health Record Immunization Record, and HTLV-III Screening
* "No" for Physical Profile Board Proceedings and Weight Control Program Documents

   b.  Standard Form (SF) 519-B (Radiologic Consultation Request/Report) pertaining to the applicant that shows a whole body bone scan was done on 
7 August 1991 and revealed a probable stress fracture of the right ankle and stress-related changes in the other regions, as noted in the findings.

   c.  SF 600 (Chronological Record), dated 13 August 1991 and SF 513 (Consultation Sheet), dated 26 August 1991, that show, in pertinent part, the applicant sought treatment for stress fractures and chronic pain syndrome.  She was issued a 90-day temporary profile with instructions to return for consultation in 3 months.  (There is no indication that her conditions were medically unfitting.)  
   d.  Army Career and Alumni Program, Individual Transition Plan, that provided the applicant information about obtaining care and benefits from the Department of Veterans Affairs.

11.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) sets forth policies, responsibilities, and procedures in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  

   a.  In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of his or her office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his/her employment on active duty.

   b.  Chapter 3 (Policies) provides that when a member is being separated by reason other than physical disability, his/her continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he/she was unable to perform his/her duties or that acute grave illness or injury or other deterioration of physical condition occurring immediately prior to or coincident with separation rendered the member unfit.

12.  Army Regulation 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel. 

   a.  Chapter 11 provides policy and guidance for the separation of personnel because of unsatisfactory performance or conduct while in an entry level status.  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.  Service of personnel separated under the provisions of this chapter will be described as "uncharacterized."

	b.  Chapter 3 (Character of Service/Description of Service) provides in:

    	(1)  paragraph 3-7a, that an honorable characterization of service may be awarded to a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted.

    	(2)  paragraph 3-9, that a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status.

	c.  Section II (Terms) of the glossary states that entry-level status for Regular Army Soldiers is the first 180 days of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her uncharacterized discharge should be changed to honorable because she served to the best of her ability, there were no disciplinary problems with her during the period of service, and she was not evaluated for her medical conditions before she was discharged.

2.  The evidence of record shows that the applicant received treatment for her medical conditions.  In fact, on 26 August 1991, she was issued a 90-day temporary (emphasis added) profile for her stress fractures and chronic pain syndrome.  Thus, the evidence of record does not support the applicant's contention that she was not evaluated for her medical conditions.  Moreover, there is no evidence of record that shows her medical conditions were medically unfitting for retention in the Army at the time of her separation from active duty.  

3.  Records show the applicant entered active duty in the RA on 1 May 1991.

	a.  The regulatory guidance shows that 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 service of personnel separated under the provisions of Army Regulation 635-200, chapter 11, will be described as "uncharacterized."

   b.  On 27 September 1991, the applicant's company commander initiated separation action based on the applicant's unsatisfactory performance and failure to adapt to the military environment.   At that time, the applicant had completed 5 months and 9 days (i.e., 150 days) of active duty service.

   c.  The separation authority approved the separation action and directed an entry level status separation of "uncharacterized."  Accordingly, the applicant was discharged on 9 October 1991.

4.  The evidence of record shows the applicant was in an entry level status on the date of initiation of the separation action.  The governing Army regulation provides that the service will be described as "uncharacterized."  Therefore, the evidence of record does not support the applicant's contention that the character of service for the period under review should be corrected.

5.  Records show the applicant's separation under the provisions of Army Regulation 635-200, chapter 11, based on entry level performance and conduct was administratively correct and in compliance with applicable regulations in effect at the time.  In addition, the character of service entered in item 24 of her DD Form 214 was proper and correct.

6.  An uncharacterized discharge 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 or her character of service to be rated as honorable or otherwise.

7.  Therefore, in view of the foregoing, there is no basis for correcting the character of service for the period of service under review.

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)                                         AR20140000769



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ABCMR Record of Proceedings (cont)                                         AR20140000769



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