IN THE CASE OF:  	  

		BOARD DATE:  10 March 2015	  

		DOCKET NUMBER:  AR20140013201 


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 an upgrade of his reentry eligibility (RE) code to RE-1.

2.  The applicant states, in effect, that the factors contributing to his early departure from the service at age 22 no longer have a bearing on his life.  A re-characterization of his discharge might allow him to reenlist, or step forward with other government service.  He volunteered with the Lincoln County Sheriff's Department's Dive, Rescue, and Recovery Unit and as a group leader in an addiction program for three years.  In addition he earned his Associate's degree and a marine technician college certification.  He also received a commendation for meritorious service while serving as a volunteer firefighter.  He has accomplished much in his life and would like to work in law enforcement.

3.  The applicant provides:

* a self-authored statement
* official academic transcripts
* a letter of recommendation
* his Entry-Level Status (ELS) Packet
* numerous awards and training certificates
* DA Form 2-1 (Personnel Qualification Record)
* DD Form4/1 (Enlistment/Reenlistment Document-Armed Forces of the United States)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)


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's record shows he enlisted in the Regular Army (RA) on 
4 September 1997. 

3.  On 30 September 1997, he underwent a mental status evaluation at Fort McClellan, AL.  Upon interview by the Army psychologist, the applicant reported going absent without leave (AWOL) because he was concerned for his spouse and their four children.  His wife had a lengthy history of depression and attempted suicide on several occasions and she was now saying that she could not make it without him.  He felt helpless to assist her and responsible for her depression.  He indicated that he did not intend to hurt himself but he would do what was necessary to be sent home.  The psychologist recommended the applicant be discharged based on his abject lack of motivation and his actions to date.

4.  On 1 October 1997, the unit commander informed the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 11-2c, failure to adapt to a military environment with a recommendation for an ELS performance and conduct separation uncharacterized service.  The applicant acknowledged receipt of the separation notification.

5.  On 6 October 1997, the separation authority approved his separation for performance and conduct while in an ELS.  The separation authority directed that he be discharged under the provisions of Army Regulation 635-200, chapter 11.

6.  On 9 October 1997, he was discharged accordingly.  At the time of separation, he had completed 1 month and 6 days of active military service.  His DD Form 214 shows:

* Item 23 (Type of Separation) – Discharge
* Item 24 (Character of Service) – Uncharacterized
* Item 25 (Separation Authority) – Army Regulation 635-200 Chapter 11
* Item 28 (Narrative Reason for Separation) – Entry Level Performance and Conduct

7.  There is no indication he applied to the Army Discharge Review Board for an upgrade to his discharge within its 15-year statute of limitations.

8.  He provides a letter of recommendation from his previous employer, numerous certificates of training, awards, and his academic transcripts from Santa Barbara Community College District, Mid-Plains Community College, and Liberty University.  He also recounts the events leading to his discharge in a self-authored statement wherein he contends:

* he was not properly prepared for the rigors of Army training
* after being unable to sleep for three weeks he made a poor decision to walk out the front gate to get a hotel room with the intent on going to sleep
* he was apprehended and given the choice to be recycled to another unit, stay in his unit, or go home; he made the regrettable choice to be discharged
* he is unable to obtain employment in law enforcement due to the negative view of his military record
* what happens when he was age 22 no longer have a bearing on his present suitability for service in some government capacity

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3 contains guidance on ELS separations.  It states that a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated.  Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an ELS separation.  An uncharacterized service description is normally granted to Soldiers separating under this chapter.  A general discharge is not authorized under ELS conditions and an honorable discharge is rarely ever granted.  An honorable discharge may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.

10.  Army Regulation 635-200 further states, in pertinent part, that prior to discharge or release from active duty individuals will be assigned RE codes based on their service records or the reason for discharge.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve.  Table 3-1 included a list of the RA RE codes:
   
	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-2 is no longer used, effective 1995.

	c.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests an upgrade of his RE code to RE-1.

2.  The evidence of record shows he was separated under the provisions of Army Regulation 635-200, paragraph 11, entry level performance and conduct with an uncharacterized character of service and an RE code of 3.

3.  The record shows the applicant expressed and demonstrated an unwillingness to remain in the Army due to his need to assist his wife who was suffering from depression.  Therefore, after completing 1 month and 6 days of active service he was discharged with uncharacterized service as a result of his separation while in an ELS.

4.  A Soldier is in an ELS or probationary period for the first 180 days of continuous active service.  The issuance of a general discharge to members in an ELS is not authorized and an honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  No such unusual circumstances are present in his record; therefore, there is an insufficient basis to support any change to the characterization of his service.

5.  The evidence of record confirms that separation action was initiated on the applicant while he was in an ELS prior to completing 180 days of continuous active military service.  The record further shows his separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and his rights were fully protected throughout the separation process.

6.  By regulation RE-3 is the proper code to assign members separated under the provisions of Army Regulation 635-200, paragraph 11, by reason of entry level performance and conduct.  Therefore, there is no basis to correct his 
DD Form 214 to show RE-1.

7.  An uncharacterized discharge 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 or her character of service to be rated as honorable or otherwise.  The applicant may want to so inform any potential employers.

8.  In view of the above, his 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 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)                                         AR20140013201



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140013201



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1