IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150002308
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 the characterization of his service be changed from uncharacterized to honorable.
2. The applicant states he was discharged from the Army due to a knee injury and he had surgery after his discharge.
3. The applicant provides no additional evidence in support of his application.
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 18 November 1982. He did not complete initial entry training and was not awarded a military occupational specialty.
3. He was counseled on:
* 3 February 1982 failing a physical fitness test
* 29 January 1983 lack of motivation
* 3 February 1983 lack of motivation and self-discipline, falling out of physical training run and failing to get along with peers
* 4 February 1983 lack of motivation, discipline, and initiative
* 8 February 1983 lack of motivation and an unwillingness to try
4. On an unspecified date, his commander notified him he was contemplating initiating action to accomplish his separation him from the Army under the provisions of chapter 11 of Army Regulation 635-200 (Personnel Separations Enlisted Personnel). His specific reason for his proposed action was that the applicant lacked self-discipline. His commander advised him that this contemplated separation could result in discharge with a service characterization of uncharacterized.
5. His commander advised him he had the right to:
* consult with military legal counsel or civilian counsel (at his own expense)
* submit statements in his own behalf
* obtain copies of the documents supporting his separation that would be sent to the separation authority
* waive his rights in writing
6. On 11 February 1983, he waived his rights and did not submit a statement in his own behalf. He indicated understood he would be ineligible to apply for enlistment in the Army for a period of 2 years after discharge.
7. An authorized official approved his entry-level separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, on 15 February 1983.
8. On 23 February 1983, he was discharged accordingly. Item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his service was uncharacterized.
9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status. This provision applies to individuals who demonstrate they are not qualified for retention because they cannot adapt socially or emotionally to military life; because they lack the aptitude, ability, motivation, or self discipline for military service; or because they demonstrate 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. Army Regulation 635-200 requires an uncharacterized description of service for separation under chapter 11.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request to change the type of discharge he received.
2. The record does not show, as he contends, that a knee injury was the reason for his separation. He was counseled on several occasions for his lack of motivation and self-discipline and it appears he was unable to correct his performance. Because of his lack self-discipline, his commander recommended that he receive an entry-level separation and this recommendation was approved.
3. In view of the foregoing, there is no basis for granting the relief he requests.
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) AR20150002308
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ABCMR Record of Proceedings (cont) AR20150002308
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