IN THE CASE OF:	  

		BOARD DATE:	  4 September 2014

		DOCKET NUMBER:  AR20140001240 


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 her discharge characterized as Entry Level Status (ELS) be upgraded to honorable. 

2.  She states her discharge resulted from a pre-existing medical condition that she was unaware still existed.  She explains that during her first advanced individual training she began having knee problems and after repeated X-rays and profiles, she was told she would be discharged due to a pre-existing medical condition.  She says she was told that she could petition to have her discharge upgraded to honorable after 6 months. 

3.  She provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) and a self-authored statement. 

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.  On 1 November 1984, the applicant enlisted in the Regular Army (RA) for a period of 3 years.

3.  On 8 April 1985, she was psychiatrically cleared for any administrative or judicial action deemed appropriate by the command.

4.  On 15 April 1985, the applicant's unit commander notified her of his intent to recommend she be separated from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11 (Trainee Discharge Program).  The specific reason for the proposed action was the applicant's difficulty in adjusting to the military.

5.  On 17 April 1985, the applicant acknowledged notification of the proposed separation from the U.S. Army.  She initialed the notification letter indicating that she was afforded the opportunity to consult with counsel and she did not desire to exercise that right or to provide statements in her own behalf.

6.  The unit commander subsequently recommended the applicant's separation and stated that she refused counsel by a commissioned officer of the Judge Advocate General's Corp.

7.  On 18 April 1985, the applicant's intermediate commander recommended the applicant be separated for substandard performance.  He stated that the applicant was an 18 year old RA Soldier who was relieved from military occupational specialty (MOS) training 72G (Automatic Data Telecommunication Center Operator) due to security clearance issues.  He said the applicant reported to the command on 15 March 1985 for training in MOS 76Y (Unit Supply Specialist).  She was on profile when she arrived so she was unable to participate in the running events during Physical Training.  She was removed from the profile on 5 April 1985; however, the profile was reinstated on 15 April 1985.  The applicant lost all motivation to soldier.  He further stated that she had been counseled extensively by the Chaplain and by the Community Mental Health Activity.  She had been evaluated as being nervous and depressed and was psychiatrically cleared for separation.

8.  On 25 April 1985, the appropriate authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 11 and directed the applicant be discharged under the Trainee Discharge Program with a character of service as uncharacterized.

9.  On 30 April 1985, she was discharged accordingly.  Her DD Form 214 shows her character of service as "Entry Level Status."  She was credited with completing 
6 months of total active service.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 

   a.  Chapter 11 provides for the separation of Soldiers in an entry-level status (less than 180 days of creditable active service from the date of the initiation of the separation action) who have demonstrated they are not qualified for retention.  Specifically cited as an example which would render an individual not qualified for retention were those Soldiers who "cannot or will not adapt socially or emotionally to military life."  Individuals discharged under the provisions of chapter 11 received an "entry level performance and conduct" statement as the narrative reason for their separation.

   b.  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.

   c.  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
   
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and her rights were fully protected throughout the separation process.   

2.  The record further shows that she had less than 180 days of creditable active service at the time of initiation of the separation and therefore, she received an entry level performance and conduct discharge.

3.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  As a result, there is no basis for granting the applicant's request for an honorable discharge.

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)                                         AR20140001240





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ABCMR Record of Proceedings (cont)                                         AR20140001240



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