IN THE CASE OF:	  

		BOARD DATE:	    4 November 2014

		DOCKET NUMBER:  AR20140005597 


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 uncharacterized discharge be changed to an honorable discharge.

2.  The applicant states he was told his discharge would be honorable.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and an information paper from the U.S. Army Human Resources Command, dated 10 March 2014.

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.  After having had prior U.S. Army Reserve service, on 25 January 1994 the applicant enlisted in the Regular Army.  
3.  He received formal counseling on:

* 23 February 1994, for failure to report to his place of duty
* 24 February 1994, for lack of motivation and demonstrated inability/lack of desire to become a productive member of the U.S. Army
* 9 March 1994, for failure to report to his place of duty

4.  On 10 March 1994, his commander notified him he was initiating action to effect his elimination from the Army prior to the expiration of his current term of service under the provisions of Army Regulation 635-200 (Personnel Separations, Enlisted Personnel), chapter 11, due to his inability to conform or adapt to the military environment.  He recommended that the applicant receive an entry level status/uncharacterized separation.

5.  His commander advised the applicant he had the right to:

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

6.  The applicant waived his rights and did not submit a statement in his own behalf.  He understood he would be ineligible to apply for enlistment in the Army for a period of 2 years after discharge.

7.  On 14 March 1994, the appropriate authority approved the applicant's separation under the provisions of Army Regulation 635-200, chapter 11 and on 8 April 1994, he was discharged under the provisions of Army Regulation 635-200, chapter 11 by reason of entry level performance and conduct.  He completed 2 months and 14 days of creditable active service this period.  His 
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

8.  The applicant provided a U.S. Army Human Resources Command, Veteran's Inquiry Branch, Information Paper dated 10 March 2014, advising the applicant to
apply to the Army Review Boards Agency as the appropriate authority for requesting a record correction, since he was separated for entry level performance and conduct.
9.  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.

DISCUSSION AND CONCLUSIONS:

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

2.  At the time the applicant's commander notified him he was initiating action to eliminate him from the service, he had completed 1 month and 15 days of continuous active service.  Therefore, he was still in an entry level status at the time separation action was initiated and he had only 2 months and 14 days of active service on the date of his discharge.  Army Regulation 635-200, 
chapter 11 under which he was processed specifically required that his 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 his rights.

4.  In view of the foregoing, there is no basis to change the characterization of his 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 his 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)                                         AR20140005597



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005597



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1