BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140009608
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 her uncharacterized discharge be changed to an honorable discharge.
2. The applicant states that since the review of her request by the Army Discharge Review Board (ADRB), she has been awarded 40% service connection by the Department of Veterans Affairs (VA) for the service related injuries that led to her discharge and the VA has deemed her to have honorable service for VA purposes.
3. The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and VA Rating Decision.
CONSIDERATION OF EVIDENCE:
1. The applicant was 30 years of age when she enlisted in the Regular Army on 2 July 2012 for a period of 3 years and 30 weeks, training as a translator aide and for a $15,000 Special Language Cash Bonus. She was transferred to Fort Jackson, South Carolina to undergo her basic training.
2. On 4 December 2012, the applicants commander notified her that action was being initiated to separate her from the service under the provisions of Army Regulation 635-200, chapter 11, due to entry level performance and conduct for failing to adapt to the military environment and the inability to complete mandatory training required for the successful completion of basic combat training. He recommended that she receive an uncharacterized discharge and the applicant was advised of her rights.
3. The applicant waived her right to consult with counsel and elected not to make a statement in her own behalf.
4. The appropriate authority approved the recommendation for discharge on 6 December 2012 and directed that she be discharged with an uncharacterized character of service.
5. On 14 December 2012, she was discharged under the provisions of Army Regulation 635-200, chapter 11, due to entry level performance and conduct and her service was uncharacterized. She had served 5 months and 13 days of active service.
6. The applicant applied to the ADRB for a change in the characterization of her service to fully honorable and on 26 March 2014, the ADRB determined that the characterization of her service was both proper and equitable and voted unanimously to deny her request.
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 of that regulation provides for the separation of personnel for unsatisfactory performance or conduct (or both) while in an entry level status (less than 180 days of active service). This policy applied to individuals who demonstrated they were not qualified for retention because they could not meet the minimum standards prescribed for successful completion of training and they lacked the aptitude, ability, motivation or self-discipline for military service, or they demonstrated characteristics not compatible with satisfactory continued service. Personnel separated under this provision would be separated under entry level status with their service uncharacterized.
DISCUSSION AND CONCLUSIONS:
1. The applicants administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized her rights.
2. Accordingly, it appears that the type of discharge directed and the reasons therefore were appropriate given the circumstances in the case and that her service was properly uncharacterized.
3. An uncharacterized separation is not meant to be a negative reflection of a Soldiers 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.
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) AR20140009608
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