BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150003334 


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 his uncharacterized discharge be upgraded to an honorable discharge (HD) and his Separation Program Designator (SPD) be changed to one for a hardship discharge.

2.  The applicant states he was told the uncharacterized discharge would "eventually revert" to an HD.  His separation was due to a family hardship, not as shown by the SPD "JGA." 

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 16 October 1992 and did not complete training to be awarded a military occupational specialty.

3.  On 3 February 1993, he was recommended for elimination from his training program due to an inability to adapt.

4.  On 9 February 1993, the applicant was counseled concerning his continued participation in training, noting that on 3 February 1993 the applicant requested separation from the Army stating he had no interest in continuing training or desire to continue service in the Army.  He submitted a formal memorandum stating he did not like the Army and had no desire to continue in the Service.

5.  On 22 February 1993, the applicant's command initiated separation action for an inability to adapt as demonstrated by his lack of motivation to complete training, his negative attitude, and lack of interest in flying.  He was advised that his separation would be uncharacterized and he would receive an entry level separation.

6.  On 23 February 1993, after consulting with counsel, the applicant acknowledged the separation action and waived his administrative rights.

7.  On 26 February 1993, the discharge authority approved the separation.

8.  The applicant was discharged on 2 March 1993 with an uncharacterized character of service, an entry level status narrative reason for separation, and an SPD of "JGA" (entry level status performance).

9.  The record contains no documentation of the applicant's mother's alleged illness or that he requested or applied for a hardship discharge.

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

   a.  An HD is a separation with honor.  The honorable characterization of service is appropriate when the quality of the Soldier’s service has met the standards of acceptable conduct and performance of duty. 
   
   b.  Paragraph 3-9 (Uncharacterized separations) states a separation will be described as entry-level with service uncharacterized if 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 that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty; or  

		(3)  the Soldier being separated has less than 181 days of continuous active military service, has completed initial active duty for training, has been awarded a military occupational specialty, and has reported for duty at a follow-on (active duty) unit.

   c.  Chapter 11 of that regulation provides for the separation of personnel in an entry level status for unsatisfactory performance or conduct as evidenced by inability, lack of reasonable effort or a failure to adapt to the military environment. These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty.  An uncharacterized separation is mandatory under this chapter.

11.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities, reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that SPD code JGA is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 11, entry level separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's discharge proceedings were conducted in accordance with law and regulations applicable at the time.  

2.  It appears the applicant was misinformed as to there being an automatic upgrade provision for Soldier's with uncharacterized discharges.  There is not now nor has there ever been a provision authorizing an automatic upgrade for uncharacterized discharges.

3.  The record contains no documentation of the applicant's mother's alleged illness or that he was considered for a hardship discharge.

4.  The applicant's SPD is appropriate for the reason for his separation.

5.  The applicant has not provided and the record does not contain any evidence of any mitigating factors warranting 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)                                         AR20150003334



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ABCMR Record of Proceedings (cont)                                         AR20150003334



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