IN THE CASE OF:	 

		BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140001051 


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 character of service be changed from uncharacterized to honorable.

2.  The applicant states:

* during her tenure in the United States Armed Forces her performance was always exemplary
* her discharge was attributed to her inability to pass the running portion of the physical training test
* her sergeant informed her that her service would be characterized as honorable
* she was discharged for inability to adapt and she never displayed dishonorable behavior

3.  The applicant provides no additional evidence.

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 March 1990.

3.  The applicant was counseled on 23 May 1990 by her commanding officer and two of her senior noncommissioned officers for failure to meet the requirements for the end of cycle (EOC) Army Physical Fitness Test (APFT).  Her commanding officer stated further conduct of that nature may result in separation under the provisions of Army Regulation 635-200.  She was told that such a separation would be with no characterization of service (neither honorable nor dishonorable), but may still have a negative factor when she applied for jobs in the future.  The commander told her that after sufficient guidance, counseling, and physical training she failed to pass the EOC APFT and that she showed no desire to put forth the effort required to pass the test.  He told her that she was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 11, for lack of motivation and inability to meet minimum APFT standards.

4.  On 23 May 1990, the applicant was formally notified that she was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 11, due to failure to meet the requirements for the EOC Physical Requirement Test.  In the notification for discharge, she was told that if approved she would receive an entry level separation with uncharacterized service.  She did acknowledge receipt of the notification.  She indicated she did not desire to consult with counsel nor did she submit a statement on her behalf.

5.  The appropriate authority approved the recommendation for discharge on 7 June 1990 and directed that her service be uncharacterized.  On 14 June 1990, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11-3a, due to entry level status and performance.  She completed 3 months and 2 days of net active service and her service was uncharacterized.

6.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  

	a.  Chapter 11 of this regulation, in effect at the time, provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry level status.  This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self discipline for military service, or they had demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  The regulation required an uncharacterized description of service for separation under this chapter.

	b.  Separation under chapter 11 applied to Soldiers who were in an entry level status and, before the date of the initiation of separation action, completed no more than 180 days of continuous active duty and demonstrated that they could not or would not adapt socially or emotionally to military life.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  

2.  Her records show she was counseled and provided sufficient guidance and physical training to pass the EOC APFT.  Her records also show she showed no desire to put forth the effort required to pass the APFT.  As she had less than 180 days of continuous active duty service when she was separated, she was separated in an entry level status by regulation.

3.  In accordance with the applicable regulation, chapter 11 applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  The regulation required an uncharacterized description of service for separation under this chapter. 

4.  The applicant has not shown error or injustice in the type of discharge she received.

5.  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)                                         AR20140001051



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ABCMR Record of Proceedings (cont)                                         AR20140001051



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