IN THE CASE OF:    

		BOARD DATE:  11 September 2014    	  

		DOCKET NUMBER:  AR20140001711 


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 Item 24 (Character of Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from an uncharacterized discharge to an honorable discharge.

2.  He states he was sent home for hurting his knee.   

3.  The applicant provides his 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.  On 25 May 1993, he enlisted in the U.S. Army Reserve for 8 years. 


3.  He was ordered to active duty for training (ADT) effective 19 September 1993. 

4.  The applicant's record contains several DA Forms 4856 (General Counseling Form) that includes counseling for:  failing the diagnostic Army Physical Fitness Test (APFT) on several occasions, entry level separation (ELS) warning, disobeying orders, and for being emotionally unstable and not suited for military service. 

5.  On 28 January 1994, he received a mental status evaluation.  It was noted that the applicant had an anxious mood and it had been reported by his chain of command that he had extreme mood swings and other adjustment difficulties.  The applicant reported a history of suicide attempts and difficulties handling stressful situations.  He also reported that he had been exposed to emotional abuse during childhood and that he had suffered abuse from his peers due to his speech difficulties.  

6.  The applicant was diagnosed with an adjustment disorder with anxious mood and stuttering.  The applicant was not considered emotionally suitable for retention in the military and it was recommended that the command initiate administrative separation under applicable provisions of Army Regulation 
635-200 (Personnel Separations - Enlisted Personnel).  

7.  His record is void of documentation that shows he had a knee injury or any other unfitting medical condition which required separation through medical channels. 

8.  On 1 February 1994, the applicant was counseled and referred for an ELS in accordance with Army Regulation 635-200, chapter 11.  The action was approved and it was directed that he receive an uncharacterized separation.  

9.  Accordingly, he was separated on 28 February 1994.  His DD Form 214 shows in item 12c (Net Active Service This Period) that he completed 5 months and 10 days of active service for that period.  Item 24 contains the entry "Uncharacterized."

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated that a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge or release from Active Army.  Personnel included are members of the Army National Guard of the United States and the U.S. Army Reserve after completing 90 days or more of continuous active duty training, full-time training duty, or active duty supports, and completion of initial active duty for training which resulted in the award of a military occupational specialty even though the active duty was less than 90 days.

11.  Army Regulation 635-200, in effect at the time, stated in paragraph 3-9a(1) that a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier 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.

12.  Army Regulation 635-200 also stated that a member of a Reserve component who was not on active duty or who was serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve component.  Entry-level status of such a member of a Reserve component terminates:

	a.  180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more; or 

	b.  90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows he was discharged from active duty on 28 February 1994 under the provisions of Army Regulation 635-200, chapter 11, with uncharacterized service.  He was in an entry level status at the time of separation from active duty because he had served fewer than 180 days of active Federal service.  Therefore, his DD Form 214 properly reflects his characterization of service as uncharacterized.

2.  His service record is void of evidence which indicates he incurred any medically unfitting disability which required processing through medical channels. 

3.  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.

4.  As such, he is not entitled to the 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)                                         AR20140001711



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ABCMR Record of Proceedings (cont)                                         AR20140001711



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