BOARD DATE:	  4 September 2014

		DOCKET NUMBER:  AR20140002116 


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 narrative reason for discharge and an upgrade of her uncharacterized service to honorable.

2.  The applicant states the entry level discharge that she received is usually given to Soldiers who served 180 days or less; however, she served for 182 days and she believes Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) supports her contention.  There were unforeseen circumstances while she was enlisted but she continues to serve her country and is proud to be an American.  She currently works for the Department of Homeland Security and feels she deserves to have her discharge changed as soon as possible.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 2-1 (Personnel Qualification Record)
* DD Form 2586 (Verification of Military Experience and Training)
* DA Form 705 (Army Physical Fitness Test Scorecard)
* Page 48 of Army Regulation 635-200 

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 November 1990.

3.  The applicant received developmental counseling on:

* 5 February 1991, for failing to follow the standards and requirements set for Phase IV
* 19 February 1991, for failing to achieve 70 percent or higher on the End of Annex Test 
* 18 April 1991, for failing to follow instructions

4.  On 6 May 1991, 175 days after she entered active duty, the applicant's company commander notified her that he was initiating action to separate her from the Army under the provisions of Army Regulation 635-200, chapter 11, for an inability to adapt to the military life.  He also informed the applicant that if approved, she would receive an entry level separation with uncharacterized service.  Furthermore, she would not be permitted to reenlist in the U.S. Army within 2 years from the date of separation.  

5.  On 6 May 1991, the applicant acknowledged receipt of the separation notification action, indicated that she did not desire to consult with counsel, and she elected not to submit a written statement in her own behalf.

6.  The applicant's company commander submitted a memorandum to the separation authority strongly recommending the applicant be discharged under the provisions of Army Regulation 635-200, chapter 11, due to her inability to mentally adapt to the military environment.  The commander stated the applicant expressed a very strong desire to be separated from the military and vocalized an apparent willingness to perform acts of misconduct in order to be discharged for misconduct.  

7.  The separation authority approved the unit commander's request, on 9 May 1991, and directed the applicant's separation under the provisions of Army Regulation 635-200, chapter 11, with an uncharacterized entry level separation.

8.  On 14 May 1991, the applicant was discharged accordingly.  Block 24 (Character of Service) of the applicant's DD Form 214 shows she received an "uncharacterized" characterization of service.  Block 25 (Separation Authority) shows that she was discharged under the provisions of Army Regulation
635-200, chapter 11.  Block 28 (Narrative Reason for Separation) shows "entry level status."  This form also shows that she completed 6 months and 2 days of creditable active military service.

9.  There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

10.  Army Regulation 635-200, chapter 11, establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct (or both) while in an entry level status.  It states, in pertinent part, that separation under this chapter applies to Soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life.  Entry level status is defined as the first 180 days of continuous active duty.  It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized. 

11.  Chapter 3 of Army Regulation 635-200 describes the different types of characterization of service.  It provides, in pertinent part, that an uncharacterized separation is an entry-level separation.

	a.  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 the characterization of under other than honorable conditions is authorized or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.

	b.  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.  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.  A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her record should be corrected by changing her narrative reason for discharge and uncharacterized service to honorable was carefully considered and determined to lack merit.

2.  The evidence shows the applicant was discharged under the provisions of Army Regulation 635-200, entry level status, with uncharacterized service, due to an inability to adapt to the military environment.  She failed to follow instructions and standards despite receiving rehabilitative support through performance counseling.  Ultimately, she failed her End of Annex examination and expressed a very strong desire to be separated from military service.

3.  Accordingly, her immediate commander initiated separation action against her on 6 May 1991, prior to her completing 180 days of continuous active service.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  During the first 180 days of continuous active military service, a member's service is under review.  When initiation of separation is 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 it is approved by the Secretary of the Army.

5.  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.  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)                                         AR20140002116



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ABCMR Record of Proceedings (cont)                                         AR20140002116



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