IN THE CASE OF: 

		BOARD DATE:  25 August 2015

		DOCKET NUMBER:  AR20150000903 


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, in effect, his entry level status discharge be upgraded to honorable.

2.  The applicant states that:

	a.  he served in the Army from 1987 to 1991, but the Army shows that's not true.  When he was released his commanding officer told him his discharge was general and in 6 months it would be changed to honorable.  Now he's told it was uncharacterized and that's not right.

   b.  he was in classified areas and the Army doesn’t want to acknowledge where he was.  That's why the Army won't show he was in for 3 years.

   c.  he got out 6 months early because it was offered to him; and  

	d.  he knows a lot of classified things.  Please don't force him to start calling the media.

3.  The applicant did not provide any supporting documentation.

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 for a period of 3 years on 6 October 1987.  He did not complete training and was not awarded a military occupational specialty.

3.  His record shows he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on:

* 9 March 1988 for being absent without leave (AWOL) from 25 February 1988 to 29 February 1988
* 11 March 1988 for being AWOL from 6 March 1988 to 7 March 1988

4.  A report of psychiatric evaluation shows the applicant was evaluated on 22 February 1988 by an Army psychiatrist.  The applicant was command referred by his unit for a mental health evaluation after his hospitalization for persistent suicidal ideation.  After careful evaluation, the psychiatrist diagnosed the applicant on Axis I (occupational problems) and Axis II (immature personality traits – provisional).  These conditions were not amenable to treatment, transfer, disciplinary action, training or reclassification to another type of duty and rehabilitative efforts were unlikely.  He determined the applicant had no other mental defect or apparent physical defect sufficient to warrant separation through medical channels.  He stated the applicant was mentally responsible and could distinguish right from wrong and adhere to the right and had the mental capacity to understand and participate in administrative separation actions.  The psychiatrist strongly recommended the applicant's administrative separation under the provisions of Army Regulation (AR) 635-200, (Personnel Separations – Enlisted Personnel), chapter 11.

5.  On 16 March 1988, the applicant's immediate commander notified him of his intent to initiate separation action under the provisions of AR 635-200, chapter 11, Entry Level Status Performance and Conduct.  The specific reasons for the proposed action were the applicant's inability to adapt socially or emotionally to the military service.  He was advised he would receive an entry level separation with an uncharacterized characterization of service.

6.  The applicant acknowledged receipt of the separation notification action.  He consulted with counsel and elected not to submit a written statement in his own behalf. 

7.  On 23 March 1988, the separation authority approved the recommendation for discharge and directed the applicant be issued an Entry Level Separation (Uncharacterized).  His DD Form 214 shows he had completed 5 months and 20 days of creditable active duty service toward his 3-year enlistment contract.  His DD Form 214 shows his service was "Entry Level Status." 

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

   a.  Chapter 11 provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry level status.  This provision of regulation applies to individuals who were in an entry level status and, before the date of the initiation of separation action, completed no more than 180 days of continuous active duty.  It further applied to individuals who had demonstrated 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 they had demonstrated characteristics not compatible with satisfactory continued service.  The regulation required an uncharacterized description of service for separation under this chapter.

   b.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant did contract for a 3-year term of enlistment.  However, while in an entry level training status he had an episode of suicidal ideation that warranted hospitalization and then a comprehensive mental health evaluation.  The treating psychiatrist determined the applicant had occupational problems and immature personality traits that did not warrant evaluation or possible separation through medical channels.  The psychiatrist recommended administrative separation.  

2.  Based on the psychiatrist’s recommendation and the applicant’s own history of misconduct, he was discharged due to poor entry level performance and conduct.  He was separated with less than 180 days (6 months) of service under the provisions of chapter 11, AR 635-200.  The governing regulation at the time required an uncharacterized description of service.

2.  The U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant requests a change in discharge or characterization of service.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  

3.  There is no available evidence in the applicant’s record nor did he provide evidence to show he served more than the documented service on his DD Form 214.  As he did not complete the contracted 3-year period of service, there is insufficient evidence to show he served 3 years on active duty as he contends.

4.  The evidence of record shows the applicant’s discharge was both proper and equitable.  Therefore, the applicant's 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)                                         AR20110014044



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ABCMR Record of Proceedings (cont)                                         AR20150000903



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