IN THE CASE OF: 

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20140000937 


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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was honorably discharged for medical reasons instead of administratively discharged with uncharacterized service.

2.  The applicant states she believes her service was honorable.  Additionally, she was on crutches, due to a hip injury, when she was discharged.  Her reason for discharge should be changed to medical to accurately reflect her reason for discharge, especially since she is currently receiving disability for this injury.  She is applying for a Department of Veterans Affairs (VA) loan and would like her 
DD Form 214 to show she received a medical discharge so she can take advantage of this and additional benefits.

3.  The applicant provides her DD Form 214.

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 17 March 1993 and attended basic training at Fort Jackson, SC.

3.  Her record contains a series of counseling statements dated from 23 March to 21 June 1993, which show:

	a.  She demonstrated a lack of motivation, through her actions and body language.  She was always the last to move in formation and had to be prodded along to move from one point to another.  She demonstrated an "I don't care attitude" and instead of trying to persevere she simply gave up.  She was informed that this type of behavior was unacceptable.  She was warned that if her behavior continued she could be separated from the Army or restart basic training.

	b.  She displayed a negative attitude and was unreceptive to counseling.  She failed to improve in her areas of deficiency and continually made insubordinate facial expressions.  She displayed an attitude of uncaring and a total lack of self discipline and motivation.  Her performance was unacceptable.  She was warned that if this type of behavior continued she would be processed under the Uniform Code of Military Justice.

	c. She was recommended for separation under the provisions of chapter 11 (Failure to Adapt) of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) because of her demonstrated lack of motivation and her expressed desire to leave military service.  She was informed that she was being referred to her company commander.

	d.  She was informed by her company commander, she was being recommended for separation under the provisions of chapter 11 of Army Regulation 635-200 because she had not been able to pass the Army Physical Fitness Test and had been on a physical profile preventing her from doing sit-ups or the run since 2 April 1993.  Additionally, she had been placed on convalescent leave on 20 May 1993.  After she returned from leave she stated she no longer desired to serve her country.  

4.  Her record contains a Physical Profile, dated 21 June 1993, which shows she had a left pelvis injury.  Her profile also shows she was restricted from various activities for 30 days, but no more than 30 days.
5.  On 21 June 1993, her commander informed her of his intent to initiate separation action in accordance with Army Regulation 635-200, chapter 11.  Her commander stated he was recommending separation because she failed to adapt.  She was informed that if her separation was approved, she would receive an entry level separation with uncharacterized service.  Her commander also informed her of her rights to consult with counsel, submit a statement, request a separation physical, and waive her rights.

6.  On 21 June 1993, she acknowledged receipt of her commander's notification and stated she:

* did not desire to consult with counsel
* did not desire to make statements in her own behalf
* requested copies of all separation and supporting documents
* did not request a separation physical

7.  On 22 June 1993, the separation authority reviewed the proposed separation action and approved an entry-level separation (uncharacterized) in accordance with Army Regulation 635-200, chapter 11.  On 29 June 1993, the applicant was discharged accordingly.

8.  The DD Form 214 she was issued confirms she was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a and her service was uncharacterized.  This form further confirms she completed a total of 3 months and 13 days of creditable active service.  

9.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides guidance on processing through the Physical Disability Evaluation System, which includes the convening of an MEB to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  If the MEB determines a Soldier does not meet retention standards, the case will be referred to a PEB.  The PEB evaluates all cases of physical disability equitably for the Soldier and the Army.  It also investigates the nature, cause, degree of severity, and probable permanency of the disability of Soldiers whose cases are referred to the board.  It evaluates the physical condition of the Soldier against the physical requirements of the 
Soldier's particular office, grade, rank, or rating.  Finally, it makes findings and recommendations required by law to establish the eligibility of a Soldier to be separated or retired because of physical disability.



10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status.  It states that when separation of a member in entry-level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, the member normally will be separated per this chapter.  This separation policy applies to enlisted members of the Regular Army, who have completed no more than 180 days active duty on current enlistment by the date of separation, have demonstrated that they are not qualified for retention for one or more of the following reasons:  Cannot or will not adapt socially or emotionally to military life, cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or failed to respond to counseling.

11.  Chapter 3 of Army Regulation 635-200 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 an entry-level status, except when characterization under other than honorable conditions 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.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests her narrative reason for discharge and separation code be changed to show she received a medical discharge and that her uncharacterized discharge be upgraded to honorable.  She stated this correction would allow her to obtain a VA loan and other benefits.  

2.  The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for veterans or other benefits.  Every case is individually decided based upon its own merits when an applicant requests a correction to his/her military records.

3.  The evidence of record shows she had difficulty adapting to military life and expectations.  Additionally, she made it clear that she no longer wished to serve in the military.  Furthermore, she declined a separation physical.

4.  The evidence of record shows that while in training, she demonstrated a lack of motivation and/or desire to become an effective Soldier, and she indicated a desire to end her military service.  These traits are incompatible with satisfactory continued service.  Accordingly, her immediate commander initiated separation action against her.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, her discharge accurately reflects her military service at that time.

5.  During the first 180 days of continuous active military service, a member's service is under review.  When separated 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.  

6.  The entry-level separation is given regardless of the reason for separation. This uncharacterized discharge is neither positive nor negative; it is not "derogatory."  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.

7.  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)                                         AR20140000937



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ABCMR Record of Proceedings (cont)                                         AR20140000937



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