IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150001432
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in item 24 (Character of Service) honorable vice uncharacterized.
2. The applicant states, in effect, she injured her knee at Fort Jackson, SC, and she was discharged because she could not pass the Army Physical Fitness Test (APFT). She had no conduct issues and believes that it is unfair for her service to be uncharacterized.
3. The applicant provides no additional evidence.
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 3 January 1992. She completed basic training and on 6 March 1992 she was assigned to the 369th Adjutant General Battalion, Fort Jackson, SC, for advanced individual training (AIT).
3. Between 20 March and 22 April 1992, she was counseled on numerous occasions by various members of her chain of command for repeatedly falling out of physical training (PT) formations, failing a diagnostic APFT, and failing three record APFTs.
4. On 23 April 1992, she was notified by her immediate commander that separation action was being initiated against her under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, for entry level performance and conduct. The commander stated the applicant was unable to pass three APFTs and her inability to meet Army standards led him to believe she was not compatible with military service. She was advised that if the separation action was approved she would receive an entry level separation with uncharacterized service.
5. On 23 April 1992, she was advised by legal counsel of the basis for the separation action being initiated against her and the procedures and rights available to her. She acknowledged that she understood she would be issued an entry level separation with uncharacterized service. She elected not to submit a statement in her own behalf.
6. On 5 May 1992, the separation authority approved the applicant's discharge action and stated her character of service would be uncharacterized. On 11 May 1992, she was discharged accordingly.
7. The DD Form 214 she was issued shows she was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a by reason of entry level status with an uncharacterized character of service. She completed 4 months and 9 days (129 days) of creditable active service.
8. Her available medical record is void of any evidence that shows she was treated for knee problems during her active duty service or that she was issued a profile that prohibited her from participating in PT.
9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3 states 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 was initiated. Paragraph 11-3a, of the version in effect at the time, provides for the separation of personnel due to unsatisfactory performance, conduct, or both, as evidenced by inability while in an entry level status.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's separation action was initiated due to her inability to pass the APFT. As she was separated on 11 May 1992, prior to completing 180 days of active service, she was still in an entry-level status at that time. Therefore, she correctly received an uncharacterized character of service.
2. An entry-level status discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated.
3. In view of the foregoing, there is no basis for granting the requested relief.
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) AR20150001432
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ABCMR Record of Proceedings (cont) AR20150001432
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