IN THE CASE OF:  

		BOARD DATE:  16 July 2015	  

		DOCKET NUMBER:  AR20140018749 


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 his entry level status discharge be upgraded to show his service is honorable. 

2.  He states, in effect, he left the military because he was told he would be separated from his wife and daughter for approximately 2 to 3 years.

3.  He provides a self-authored statement. 

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.  On 15 September 1993, the applicant enlisted in the Regular Army for a period of 6 years.

3.  On 9 February 1994, he was counseled by his drill sergeant and later by the platoon drill sergeant concerning his inability to adapt to military life.  His drill sergeant stated that he observed the applicant's unacceptable behavior patterns and his suggested tendencies or desire to terminate his contract with the U.S. military.  The platoon sergeant stated the applicant's personal problems with the military and continued lack of self discipline brought him to his office.  He recommended the applicant be separated under Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11 (Trainee Discharge Program), because he:

* could not or would not adapt socially or emotionally to military life
* could not meet the minimum standards prescribed for successful completion of training
* demonstrated character and behavior characteristics that are not compatible with satisfactory continued service
* failed to respond to counseling

4.  On 14 February 1994, the chaplain interviewed the applicant and strongly recommended that he be discharge under the provisions of chapter 11.  She stated that he entered the military in good faith and he was not able to focus on his studies because of problems back home, problems which could only be resolved if he was present.  She also stated the applicant's appearance, motivation, and interest in the military had deteriorated to substandard levels.

5.  On 17 February 1994, the applicant's unit commander notified him of his intent to recommend that he be separated from the Army under the provisions of Army Regulation 635-200.  The specific reasons for the proposed action were the applicant's inability to adapt socially or emotionally to military life, his demonstrated character and behavior characteristics were not compatible with satisfactory continued service, and the applicant's failure to respond to counseling.

6.  On 17 February 1994, the applicant acknowledged notification of the proposed separation from the U.S. Army.  He initialed the notification letter indicating that he was afforded the opportunity to consult with counsel and he did not desire to exercise that right or to provide statements in his own behalf.

7.  On 28 February 1994, the appropriate authority approved the applicant's discharge under the provisions of chapter 11, Army Regulation 635-200, and directed the applicant be discharged under the Trainee Discharge Program with uncharacterized service.

8.  On 4 March 1994, he was discharged accordingly.  His DD Form 214 shows his character of service as "uncharacterized."  He was credited with completing 5 months and 20 days of total active service.

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

   a.  Chapter 11 provides for the separation of Soldiers in an entry-level status (less than 180 days of creditable active service from the date of the initiation of the separation action) who have demonstrated they are not qualified for retention.  Specifically cited as an example which would render an individual not qualified for retention were those Soldiers who "cannot or will not adapt socially or emotionally to military life."  Individuals discharged under the provisions of chapter 11 received an "entry level performance and conduct" statement as the narrative reason for their separation.  The service of these Soldiers was uncharacterized.

   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 evidence of record shows the applicant's 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.   

2.  The record further shows he had less than 180 days of creditable active service at the time of initiation of the separation; therefore, his service was uncharacterized.

3.  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.  In view of the foregoing, there is no basis for granting the applicant's request for an honorable discharge

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)                                         AR20140018749



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ABCMR Record of Proceedings (cont)                                         AR20140018749



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