BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140003962 


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 that the character of service reflected on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be upgraded from "uncharacterized" to "honorable."

2.  She states she suffers from "MST," a shoulder injury, post-traumatic stress disorder, acquired psychiatric disorders, major depressive disorder, and anxiety disorder during her military training at Fort Jackson, SC.  She needs the characterization of her service changed to honorable in order to continue medical treatment and receive medication from the Department of Veterans Affairs (VA) hospitals.  She can no longer afford the financial cost to continue her level of treatment and medicine. 

3.  The applicant did not provide any additional documentation. 

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 12 June 1991, she enlisted in the Army National Guard (ARNG) for 
8 years.  Her DD Form 214 shows she entered active duty for training (ADT) on 
this same date.  

3.  The applicant's record is void of a complete separation packet; however, it does contain a memorandum, dated 27 August 1991, subject:  Data on Soldier Pending Discharge Statement, which shows she had no actions taken against her which could affect her pay.  It also contains a 2nd Endorsement, dated        12 September 1991, subject:  Proposed Discharge Action under the provisions of Trainee Discharge Program, which shows her discharge case had been reviewed and was approved under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 11-3, with a character of service of uncharacterized.

4.  Her DD Form 214 also shows she was released from ADT and the Reserve of the Army and transferred to her ARNG unit on 20 September 1991, after completing 3 months and 9 days of active duty service.  Item 24 (Character or Service) contains the entry "Uncharacterized" and Item 28 (Narrative Reason for Separation) shows the entry "Entry Level Status."

5.  Army Regulation 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel.  

     a.  Chapter 11 of this regulation sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status.  It states that when separation of a member in entry level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, the member normally will be separated per this chapter.  

     b.  This separation policy applies to enlisted members who have completed no more than 180 days active duty on current enlistment by the date of separation, have demonstrated that they are not qualified for retention for one or more of the following reasons:  Cannot or will not adapt socially or emotionally to military life, cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or failed to respond to counseling.

     c.  Chapter 3 of Army Regulation 635-200 describes the different types of characterization of service.  It states that an Uncharacterized Separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization Under Other Than Honorable Condition is authorized under the reason for separation and is warranted by the circumstances of the case or when The Secretary of the Army, on a case-by-case basis, determines that characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.

6.  The Department of Defense established the Uncharacterized Entry Level Separation on 1 October 1982.  Entry level status is defined as the first 180 days of continuous active duty or active duty for training.

DISCUSSION AND CONCLUSIONS:

1.  A chapter 11 separation is used for entry-level Soldiers not qualified for retention for one of several reasons, including an inability to meet the minimum standards prescribed for successful completion of training because of a lack of aptitude, ability, motivation or self-discipline.  

2.  Her complete separation packet was not available for the Board's review.  It is presumed that her administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights as shown on her DD Form 214.  

3.  It is acknowledged that some VA benefits are dependent upon the type of discharge awarded and/or the length of service (total service and/or active duty service).  However, the applicant only completed 3 months and 9 days of service in an ADT status, and as such the uncharacterized discharge directed was appropriate considering all the facts of this case.  An uncharacterized discharge 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.  The ABCMR does not change the characterization of service on a DD Form 214 simply to make one eligible for benefits. 

4.  In view of the foregoing, there is no basis for granting the applicant's request.





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)                                         AR20140003962





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ABCMR Record of Proceedings (cont)                                         AR20140003962



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