IN THE CASE OF:	  

		BOARD DATE:	    4 August 2015

		DOCKET NUMBER:  AR20140021273 


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 characterization of service be changed from uncharacterized to honorable.

2.  The applicant states, in effect, that during basic training he developed left foot problems, but the drill instructors discouraged him from seeking medical treatment.  During advanced individual training (AIT) his foot gave out on him and he was diagnosed as suffering from plantar fasciitis.  He was told that a medical separation would take 10 months to complete and he would be assigned odd jobs, because he was on a Naval base.  He was told that if he accepted a discharge under chapter 11 he could be released in less than 2 months and the discharge would be honorable.  However, he has been told the nature of his discharge is the reason he is not eligible for a Department of Veterans Affairs loan.  

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his separation examination.

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 served on active duty from 27 November 1995 through 7 May 1996 without completing the training to be awarded a military occupational specialty (MOS).

3.  On 28 March 1996, the applicant was afforded a psychological evaluation.  The applicant was diagnosed as suffering from an adjustment disorder with mixed emotional features.  The psychological consultation report shows the applicant stated he did not feel he was able to adapt to military life and he was not motivated for further service.  Administrative separation was strongly recommended. 

4.  A general counseling statement, dated 4 April 1996, states the applicant requested to terminate his enlistment because of his inability to overcome the transition from civilian to military life.  The applicant was notified that he was being recommended for separation under the provisions of chapter 11 at this time.

5.  On 22 April 1996, the applicant's chain of command initiated formal separation action against him under the provisions of Army Regulation 635-200, chapter 11. The applicant acknowledged receipt of the separation recommendation and declined to exercise any of his administrative rights.

6.  The discharge authority approved the discharge action under the provisions of Army Regulation 635-200, chapter 11, and directed the applicant be issued an uncharacterized discharge certificate.

7.  The applicant was discharged on 7 May 1996 with 5 months and 11 days of creditable service.  His DD Form 214 shows he was discharged for entry level performance and conduct with an uncharacterized separation.

8.  Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) provides the following that the character of service for administrative separations is a determination reflecting a Soldier's military behavior and performance of duty during a specific period of service.  There are three characterizations:  Honorable, General (Under Honorable Conditions), and under Other Than Honorable Conditions.  A Soldier's service in an entry level status is normally described as uncharacterized, which is when a discharge action is initiated prior to a Soldier completing 180 days. 

9.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  It states:

	a.  An honorable discharge (HD) is a separation with honor.  The honorable characterization of service is appropriate when the quality of the Soldier’s service generally has met the standards of acceptable conduct and performance of duty.  
	b.  A general discharge (GD) is a separation under honorable conditions issued to a Soldier whose military record was satisfactory but not so meritorious as to warrant an HD. 

   c.  An uncharacterized separation is an entry-level separation with service uncharacterized if the separation processing is initiated while a Soldier is in entry-level status, except when:
   
		(1)  Characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.

		(2)  When it is determined the characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  

		(3)  The Soldier being separated has more than 180 days of continuous active military service, has completed initial active duty training (IADT), has been awarded an MOS, and has reported for duty at a follow-on (active duty) unit.
   
   d.  Chapter 11, of this regulation, in effect at the time, provided, for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status.  This provision of regulation applies to individuals who have demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self-discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applies to Soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.  The regulation requires uncharacterized service for separation under this chapter.


DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged with less than 180 days of continuous active duty service.  He had not completed IADT, he had not been awarded an MOS, and he had not reported for duty at a follow-on unit.  His service is devoid of any unusual circumstances involving personal conduct and performance of duty warranting an honorable characterization of service.  

2.  The applicant’s discharge proceedings were conducted in accordance with laws and regulations applicable at the time.  The uncharacterized determination is commensurate with the applicant's limited overall record of 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)                                         AR20140021273



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021273



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1