IN THE CASE OF:	  

		BOARD DATE:	  14 October 2014

		DOCKET NUMBER:  AR20140003306 


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 his narrative reason for separation be changed from entry level status performance and conduct to a hardship discharge.  

2.  He states he believes the reason for separation on his DD Form 214 should be changed to hardship because he entered the Army under the delayed entry program.  His father got cancer and needed him.  His father died five months after he came home.  

3.  He provides his father's death certificate.  

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 27 July 1988.  
3.  On 11 August 1988, the applicant's company commander notified him that he was initiating action to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, for entry level status performance and conduct due to his inability to adapt to the military lifestyle.  He was advised of his rights.  He acknowledged notification of separation action.  He declined consultation with counsel and he did not submit statements in his own behalf.  

4.  On 12 August 1988, the separation authority waived the rehabilitative requirement and approved the applicant's separation under the provisions of Army Regulation 635-200, chapter 11, for entry level status performance and conduct with uncharacterized service.

5.  On 18 August 1988, he was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a, for entry level status performance and conduct.  He completed 22 days of active military service.  

6.  His service record does not indicate he applied to the Army Discharge Review Board within its 15-year statute of limitations.

7.  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 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.

8.  Army Regulation 635-5-1 (Special 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 that 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.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of "JGA."



9.  Army Regulation 635-5 (Separation Documents) at the time established the policies and procedures for completion and distribution of the DD Form 214.  It states that item 28 will list the narrative reason for separation based on regulatory or other authority and can be checked against the cross-reference table in Army Regulation 635-5-1.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation under the provisions of chapter 11, Army Regulation 635-200, was accomplished in compliance with applicable regulations at the time.  His service record is void of procedural errors which would have jeopardized his rights.  There is no indication that the separation action was made under coercion or duress.  He had an opportunity to submit a statement on his own behalf refuting the stated reason for his discharge; he did not take advantage of that opportunity.

2.  He was in an entry level status at the time of discharge because he had served fewer than 180 days of active Federal service.  The determination that the applicant's service was "uncharacterized" was in compliance with the Army regulation governing separation of Soldiers while in an entry level status.  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/her character of service to be rated as honorable or otherwise.

3.  In accordance with the preparation instructions for item 28 of the DD Form 214, the narrative reason for separation is taken from Army Regulation 635-5-1.  Therefore, the correct narrative reason for separation as provided in Army Regulation 635-5-1 was properly entered on his DD Form 214.

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)                                         AR20140003306





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003306



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1