IN THE CASE OF:	  

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140019010


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 request, in effect, that his characterization of service be changed from uncharacterized to honorable.

2.  The applicant states, in effect, that he believes the characterization of his service was unfair because he suffered from severe shin splints and received a medical profile and could not do physical training, which resulting in him not being able to graduate from advanced individual training (AIT).  He also inquired about reenlisting and could not because of the narrative reason for his discharge.    
3.  The applicant provides a copy of his 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 enlisted in the Regular Army on 9 November 1995.  He was assigned to Fort Gordon, GA, for the purpose of completing military training; however, he did not complete training.   

3.  His record reveals numerous DA Forms 4856 (General Counseling Form), with dates from 8 March 1996 to 10 April 1996, which show he was counseled by his chain of command for his inability to pass the Army Physical Fitness Test (APFT).  He was directed to participate in the unit's remedial program until he passed.  He was also counseled that if he continued to have unsatisfactory performance he could be administratively separated from the service.  He concurred on each occasion with his initials and signed and dated the form on the same dates the counseling took place.  

4.  His commander notified him on 16 April 1996 that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, due to entry level performance and conduct.  His commander cited, as the specific reason for his proposed action, his inability to pass the APFT.  He was advised of his rights.  

5.  On this same date, he acknowledged receipt of the separation notification memorandum.  He stated he understood that, if approved, he would receive an uncharacterized, entry level separation.  He elected not to consult with counsel and elected not to make any statements in his own behalf.  He did not request a separation physical.  

6.  His commander subsequently recommended his separation from the service.  The separation authority waived further rehabilitative efforts and directed he be discharged with an entry level separation and an uncharacterized characterization of service.  

7.  He was discharged accordingly on 24 April 1996.  He completed 5 months and 16 days of net active service.  The DD Form 214 he was issued at the time shows in:

* Item 23 (Type of Separation) – Discharge
* Item 24 (Character of Service) – Uncharacterized
* Item 25 (Separation Authority) – Army Regulation 635-200, chapter 11
* Item 27 (Reentry Code) – 3 
* Item 28 (Narrative Reason for Separation) – Entry Level Performance and Conduct

8.  His record does not detail any training-related injuries or medical profiles during his period of active military service.  
9.  The Army Discharge Review Board disapproved his request for a change of his character of service on 13 June 2003.  

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  It states in:

	a.  Chapter 3, 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 (emphasis added).

	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.

	d.  Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry-level status.  An uncharacterized service description is normally granted to Soldiers separating under this chapter.  A general discharge is not authorized under entry-level status conditions and an honorable discharge is rarely ever granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his characterization of service be changed from uncharacterized to honorable was carefully considered.   

2.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  The applicant did not complete 180 days of continuous active service prior to being discharged.  Therefore, his records are correct as currently constituted and there is no basis to change his character of service as requested.

4.  For the applicant's information, an uncharacterized discharge 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 or her character of service to be rated as honorable or otherwise.   

5.  The applicant is advised that although no change is being recommended regarding his discharge, this does not mean he is permanently disqualified from reentering military service as he wishes.  An reentry code (RE-3) applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of disqualification.  Therefore, if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military 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)                                         AR20090009508



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ABCMR Record of Proceedings (cont)                                         AR20140019010



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