IN THE CASE OF:    

		BOARD DATE:  13 January 2015  	  

		DOCKET NUMBER:  AR20140008558 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his character of service from uncharacterized to honorable.

2.  The applicant states he completed almost 6 months of active duty.  He was discharged for medical reasons 3 days before graduation from advanced individual training (AIT).

3.  The applicant provides his DD Form 214 and a letter from the Veterans Service Commission of Summit County, dated 6 May 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.  The applicant enlisted in the Regular Army on 22 September 1994.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to Company B, 2nd Battalion, 13th Infantry Regiment, 1st Basic Training Brigade, Fort Jackson, SC from 30 September 1994 to 23 November 1994 for basic combat training (BCT).

4.  His record contains a DA Form 705 (Army Physical Fitness Test (APFT) Scorecard) that shows he took the APFT on four occasions during BCT – 
 
* On 3 October 1994, he scored a total of 124 points
* On 12 October 1994, he scored a total of 165 points
* On 31 October 1994, he scored a total of 177 points
* On 9 November 1994, he scored a total of 188 points

5.  His DA Form 2-1 shows he was assigned to Company C, 447th Signal Battalion, Fort Gordon, GA from on or around 24 November 1994 to 15 March 1995 for AIT.

6.  His record contains a DA Form 705 that shows he took a Diagnostic APFT on four occasions during AIT.  He did not pass any of these APFTs.

* On 26 November 1994, he scored a total of 158 points
* On 2 December 1994, he scored a total of 172 points
* On 7 January 1995, he scored a total of 170 points
* On 27 February 1995, he scored a total of 176 points

7.  His record does not contain any evidence that shows he was suffering from a medical condition.

8.  His record contains four DA Forms 4856 (General Counseling Form) that show he was counseled for failing the diagnostic APFT for the 1st, 2nd, and 3rd, time.  These forms also informed him that unless he made satisfactory progress, he could be administratively separated from the Army and he would have to continue taking a diagnostic APFT each week until he passed.  His 4th counseling statement was for failing the end of course APFT.

9.  On 7 March 1995, his immediate commander notified him of his intent to initiate separation actions against him under the provisions of chapter 11 of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) and intended to discharge him from the Army.  His commander stated the specific reason for the proposed discharge was that the applicant was unable to pass the APFT.  He was further advised that if the request for separation was approved he would receive an entry level status separation with uncharacterized service.  His commander also informed him of his rights.

10.  On 7 March 1995, he acknowledged receipt of the separation notification in accordance with Army Regulation 635-200, chapter 11, and waived his rights to consult with counsel, make statements on his own behalf, and he indicated he did not wish to receive a separation physical.  

11.  On 7 March 1995, the separation authority approved his discharge in accordance with Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct with an uncharacterized discharge.  Accordingly, on 
15 March 1995, he was discharged.

12.  His DD Form 214 confirms he was discharged in accordance with Army Regulation 635-200, paragraph 11, with an uncharacterized character of service (entry level status).  This form also shows he completed 5 months and 
24 days of net active service.

13.  There is no indication he applied to the Army Discharge Review Board for a change of his discharge within that board’s 15-year statute of limitations.

14.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army.  Chapter 11 of this regulation, in effect at the 
time, governed the entry level status discharge.  It provided for the separation of service members who lacked the necessary motivation, discipline, ability or aptitude to become productive Soldiers or have failed to respond to formal counseling.  The regulation essentially requires that the service member must have voluntarily enlisted; must be in basic, advanced individual, on the job or service school training, and must not have completed of more than 180 days of active duty on their current enlistment at the time his/her separation action is initiated.  The regulation provided that Soldiers may be separated when they have demonstrated that they are not qualified for retention due to failure to adapt socially or emotionally to military life; cannot meet minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service.  The regulation required an uncharacterized description of service for separation under this chapter.

15.  Army Regulation 635-200, chapter 3, 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.  For the purposes of characterization of service, the Soldier’s status is determined by the date of notification as to the initiation of separation proceedings.  Upon enlistment, a Soldier qualifies for entry level status during the first 180 days of continuous active military service or the first 180 days of continuous active service after a service break of more than 92 days of active service.

16.  Paragraph 3-7a provides that 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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant did not provided evidence to show he was discharged for medical reasons.

2.  The available evidence shows he was not able to meet minimum standards (passing the APFT).  Accordingly, his immediate commander recommended his separation under the provisions of Army Regulation 635-200, chapter 11.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

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

4.  The entry-level separation is given regardless of the reason for separation.  An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service 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.  As a result, there is no basis for granting the applicant's request to change his character of service to either honorable or general.

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)                                         AR20140008558





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ABCMR Record of Proceedings (cont)                                         AR20140008558



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