IN THE CASE OF:	  

		BOARD DATE:	  23 September 2014

		DOCKET NUMBER:  AR20140001698 


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 uncharacterized discharged be changed to an honorable discharge or a general discharge under honorable conditions.

2.  The applicant states, in effect, she received nonjudicial punishment (NJP) in basic training and had to pay $1,000.00.  She was discharged during basic training and it was honorable so her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 October 1997 should show honorable service. 

3.  The applicant provides no additional evidence in support of her 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.  On 18 August 1997, she enlisted in the Regular Army in pay grade E-4.  On 29 August 1997, she reported to Fort Jackson, SC for basic training.
 
3.  She received formal counseling on:

* 28 August 1997 by Sergeant First Class (SFC) W____ for failing to meet the minimum standards for the Diagnostic Physical Readiness Test on 
28 August 1997
* 25 September 1997 by Staff Sergeant F____ for disobeying a lawful order
* 25 September 1997 by SFC W____ for failing to meet the minimum standards for the Diagnostic Physical Readiness Test on 9 September 1997
* 25 September 1997 by SFC W____ for falling out of an ability group run on 16 September 1997
* 25 September 1997 by SFC W____ for unsatisfactory performance, failure to complete the foot march on 18 September 1997
* 25 September 1997 by SFC W____ for falling out of an ability group run on 20, 23, and 24 September 1997
* 25 September 1997 by SFC W____ for separation from the Army for failing to meet Army physical fitness standards and lack of motivation, misconduct, and discipline
* 27 September 1997 by Captain W_______ for entry level separation for lack of motivation, failure to meet Army physical training standards during Army physical fitness tests, ability group runs, and foot marches

4.  On 27 September 1997, her commander notified her he was initiating action to effect her elimination from the Army prior to the expiration of her current term of service under the provisions of Army Regulation 635-200 (Personnel Separations, Enlisted Personnel), chapter 11, due to a lack of motivation/failure to meet Army physical fitness standards.  He recommended that she receive an entry level status/uncharacterized separation.

5.  Her commander advised her she had the right to:

* consult with military legal counsel or civilian counsel (at her own expense)
* submit statements in her own behalf
* obtain copies of the documents supporting her separation action that would be sent to the separation authority
* waive her rights in writing

6.  The applicant waived her rights and did not submit a statement in her own behalf.  She understood she would be ineligible to apply for enlistment in the Army for a period of 2 years after discharge.
7.  Her commander recommended she be separated prior to the expiration of her term of service for unsatisfactory performance under the provisions of chapter 11 of Army Regulation 635-200, due to a lack of motivation/failure to meet Army physical fitness standards.  He indicated she had received NJP on 23 September 1997.  Punishment imposed included reduction to pay grade E-3, a forfeiture of $245 pay for 1 month, and 7 days of extra duty and restriction.

8.  On 28 October 1997, the appropriate authority approved the applicant's separation under the provisions of Army Regulation 635-200, chapter 11.  He directed the applicant be discharged from the military in an entry level status with performance and conduct as uncharacterized.

9.  Accordingly, on 31 October 1997, she was discharged under the provisions of Army Regulation 635-200, chapter 11 by reason of entry performance and conduct.  She completed 2 months and 13 days of creditable active service this period.  Her DD Form 214 shows in:

* item 24 (Character of Service) – Uncharacterized
* item 26 (Separation Code) – JGA
* item 28 (Narrative Reason for Separation) – Entry Level Performance and Conduct

10.  Army Regulation 635-200, chapter 11, in effect at the time, set policy and provided guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry level status.

	a.  Separation was warranted when unsatisfactory performance or minor disciplinary infractions was evidenced by:

* inability
* lack of reasonable effort
* failure to adapt to the military environment

	b.  The policy applied to Soldiers who:

* were in an entry level status and before the date of the initiation of 	separation action, had completed no more than 180 days of continuous 	active duty
* could not or would not adapt socially or emotionally to military life
* had demonstrated character and behavior characteristics not 	compatible with satisfactory continued service
* had failed to respond to counseling

	c.  Entry level status is defined as the first 180 days of continuous active service or the first 180 days of continuous active service after a service break of more than 92 days of active service.

	d.  The regulation required an uncharacterized description of service for separation under this chapter.

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states the SPD code JGA is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 11, by reason of "entry level performance and conduct." 

DISCUSSION AND CONCLUSIONS:

1.  She was formally counseled on eight occasions concerning her deficiencies prior to the initiation of separation proceedings.  Therefore, a failure to improve clearly shows her lack of putting forth a reasonable effort to adapt to a military environment.

2.  At the time the applicant's commander notified her he was initiating action to eliminate her from the service, she had completed 1 month and 10 days of continuous active service.  Therefore, she was still in an entry level status at the time separation action was initiated and she had only 2 months and 13 days of active service on the date of her discharge.  Army Regulation 635-200, chapter 11 under which she was processed specifically required that her service be uncharacterized.

3.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.  The record contains no indication of procedural or other errors that would have jeopardized her rights.

4.  In view of the foregoing, there is no basis to change the characterization of her service.

5.  The applicant is advised an uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier had not been in the Army long enough for her character of service to be rated as honorable or otherwise.



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)                                         AR20140001698



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ABCMR Record of Proceedings (cont)                                         AR20140001698



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