IN THE CASE OF:	  

		BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140010361 


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 reconsideration of his earlier request for correction of his military records by upgrading his uncharacterized discharge to honorable.

2.  The applicant states the commander's report left out many facts.  He contends the staff was uncomfortable with him because he was a 33 year old black Soldier who held a Bachelor of Science degree in psychology.  The younger recruits were subjected to intimidation and fear tactics.  He, however, ignored this kind of treatment and counseled the younger recruits to stay and to endure the negative attitudes from the staff.  He states that an Army chaplain had ordered everyone to go inside and return with two letters to their family.  The sergeant was ordered to take the trainees to the commissary.  It had been 3 1/2 weeks since they were last allowed to go there.  The sergeant also tried to discourage the trainees from going to church on Sundays.

3.  The applicant further states that when he needed to go on emergency leave to be with his mother, he was given a 1-hour notice of his plane's departure.  After he got home, his mother had gotten worse so he called for an extension of leave, but he was told to get back before midnight or be charged as being absent without leave (AWOL).  He instead checked in at Rock Island Arsenal where he received paperwork giving him an added day of leave.  When he returned to his unit, he was told he was getting nonjudicial punishment (NJP).  The sergeant spoke negatively about him to the other Soldiers.  The next morning he was called into the captain's office.  The captain and sergeant were smiling and standing around a table with NJP papers prepared for him to sign.  When he provided the paperwork extending his leave, their smiles turned to frowns.  They yelled at him to get out of the office.  He performed his duties as a Soldier in spite of the way he was treated in basic and advanced individual training.  At no time was he offered any legal counsel.  No efforts were made to keep him in the military.  He prays that these added facts will support changing his discharge to honorable.

4.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130000893, on 20 August 2013.

2.  The original Record of Proceedings considered the applicant's service record from his date of enlistment on 3 August 1982 to his discharge on 29 November 1982, a total period of 3 months and 27 days (approximately 117 days).

	a.  The applicant received general counseling on 10, 16, and 17 November 1982, wherein he was informed he was being totally unresponsive to all efforts to make him a productive Soldier.  He was described as having low motivation, depression, poor attentiveness, and a desire to be discharged due to the illness of his mother.  He was informed that he was being dropped from supply school because he could not adjust to military life.  He had a chronic sick call habit for his feet and had been recommended for discharge.

	b.  The applicant acknowledged notification of the discharge action and did not desire to consult with counsel.  He did not make a statement in his own behalf.

	c.  On 22 November 1982, the appropriate authority approved his discharge under the provisions of Army Regulation 635-200, chapter 11 for entry-level performance and conduct.  The rehabilitation transfer requirement was waived.

	d.  On 29 November 1982, he was discharged.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:

* Item 24 (Character of Service):  Uncharacterized
* Item 25 (Separation Authority):  Army Regulation 635-200, 
paragraph 11
* Item 28 (Narrative Reason for Separation):  Entry Level Status Performance and Conduct
	e.  The Board determined that the applicant's administrative separation was accomplished in compliance with the governing regulations and that there was no evidence showing his rights were jeopardized.

3.  Army Regulation 635-200 (Personnel Separations) sets forth the basic policy for the separation of enlisted personnel.

	a.  Chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry-level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention.  The following conditions are illustrations of conduct that does not qualify for retention:  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; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service.  An uncharacterized description of service is required for separation under this chapter.

	b.  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.

	c.  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his uncharacterized discharge should be upgraded to honorable because he and the other trainees were subjected to intimidation and fear tactics.

2.  The available evidence clearly shows the applicant served on active duty for a period of about 117 days.  He was discharged based on his inability to adjust to military life.  He had a chance to raise his current concerns at the time, but he elected not to make a statement on his own behalf.  Because he did not complete a minimum of 180 days of active duty service, a characterization of his service was not authorized by the governing regulation.  Accordingly, his service was uncharacterized.  Such a discharge is not considered to be derogatory or otherwise harmful to the individual.  It merely shows the person did not serve a sufficient length of service to receive a characterization of service.

3.  The additional arguments provided by the applicant have been considered.  However, they do not overcome the events that caused him to be discharge with less time than authorized to receive a characterization of service.

4.  In view of the above, the applicant's request should be denied.

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 to amend the decision of the ABCMR set forth in Docket Number AR20130000893, dated 20 August 2013.



      ____________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)                                         AR20140010361



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ABCMR Record of Proceedings (cont)                                         AR20140010361



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