BOARD DATE:	  17 March 2015

		DOCKET NUMBER:  AR20140013625 


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 the correction of item 24 (Character of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 17 March 1992, to show a characterization of honorable instead of uncharacterized.

2.  The applicant states, in effect, according to the Department of Veterans Affairs (VA), her uncharacterized discharge is considered to be the equivalent of an honorable discharge.  However, this characterization is confusing to potential employers and has made it difficult for her to gain employment.

3.  The applicant provides her DD Form 214 and a letter from VA affirming uncharacterized is considered to be honorable service.

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 21 January 1992.  She was in her sixth week of basic combat training when, on 3 March 1992, her commander initiated separation action under the provisions of paragraph 11-3a, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel).  In his notification to the applicant, her commander informed her that the basis for her separation action was, in effect, her inability to adapt socially or emotionally to military life.

3.  On 3 March 1992, she consulted with counsel.  Following consultation she:

* waived having her case considered by an administrative separation board
* chose not to submit statements in her own behalf and waived further representation by counsel
* stated she understood she could experience substantial prejudice in civilian life if she were issued a general discharge under honorable conditions
* recognized she could also be deprived of many or all Army benefits, that she could be ineligible for many or all benefits administered by the Department of Veterans Affairs, and might be deprived benefits under both Federal and State laws

4.  On 12 March 1992, the separation authority approved her commander's recommendation and directed the issuance of an entry-level separation - uncharacterized.  On 17 March 1992, she was discharged accordingly.

5.  Her DD Form 214 shows she received an uncharacterized discharge under the provisions of Army Regulation 635-200, paragraph 11-3a.  This form shows she completed 1 month and 27 days of active service.  She was awarded the National Defense Service Medal.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 3 describes the different types of characterization of service.  It states 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 an entry-level status, except when the characterization of under other than honorable conditions is authorized or when the Secretary of the Army, on a case-by-case basis, determines that an honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.

	b.  Chapter 11 sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry-level status.  It states when separation of a member in entry-level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, the member normally will be separated per this chapter.  This separation policy applies to enlisted members of the Regular Army who have completed no more than 180 days active duty on current enlistment by the date of separation have demonstrated that they are not qualified for retention for one or more of the following reasons: 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; have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or failed to respond to counseling.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests her uncharacterized discharge be changed to honorable.  To receive an honorable discharge, a Soldier’s service must generally meet standards of acceptable conduct and duty performance.  The evidence of record, however, demonstrates, while she was in an entry-level status, she was not performing satisfactorily as a Soldier.  She participated in only 6 weeks of basic combat training, displayed a lack of motivation, and showed an inability to adapt to military life.  Accordingly, her immediate commander initiated separation action against her.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, her discharge accurately reflects her military service at that time.

2.  By regulation, a separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status (within the first 180 days of continuous active military service for Regular Army Soldiers), except when the characterization of under other than honorable conditions is authorized or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.

3.  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 that the Soldier has not been in the Army long enough for his/her character of service to be rated as honorable or otherwise.  

4.  The applicant received the appropriate characterization of service and she provides no evidence that shows it was in error or unjust.  Therefore, there is no reason to change the characterization of her service.

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)                                         AR20140013625





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ABCMR Record of Proceedings (cont)                                         AR20140013625



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