IN THE CASE OF: BOARD DATE: 23 January 2014 DOCKET NUMBER: AR20130009771 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 his military records to show that: * he enlisted in 1979 * he was honorably discharged * he was discharged in the rank and grade of sergeant (SGT)/E-5 2. The applicant states he graduated high school and took Christmas leave. 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's DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted in the U.S. Army Reserve Delayed Entry Program in pay grade E-1 on 24 August 1982 and in the Regular Army on 1 December 1982. 3. On 12 January 1983, he was informed by his unit commander that he was initiating action to separating him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter  11 (Entry Level Status Performance and Conduct). The commander cited as the reasons for the proposed separation action the applicant's refusal to draw and fire his assigned weapon and his negative attitude toward training. He was advised by his commander that if the separation action was approved he would receive an uncharacterized entry-level separation. He was also advised that Veterans Administration (VA) and other benefits would be affected due to non-completion of his enlistment/active duty service. 4. The applicant acknowledged notification of the proposed uncharacterized entry-level separation and indicated he understood that VA and other benefits associated with completion of active service would be affected. He elected not to submit a statement or a rebuttal in his own behalf and elected not to consult with military or civilian legal counsel. 5. The appropriate separation authority approved the recommendation and directed the applicant's discharge in an entry-level status under the provisions of Army Regulation 635-200, chapter 11. 6. On 27 January 1983, he was discharged accordingly. His DD Form 214 shows he was discharged in an entry-level status in pay grade E-1. He was credited with completion of 3 months and 8 days of active duty service. His service was uncharacterized. 7. There is no evidence in the applicant's military records that shows he enlisted in 1979 or that he was promoted to the rank and grade of SGT/E-5 prior to his discharge. 8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 11, in effect at the time, provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status. This provision applied to individuals who demonstrated they were not qualified for retention because they could not adapt socially or emotionally to military life; or they lacked the aptitude, ability, motivation, or self discipline for military service; or they demonstrated characteristics not compatible with satisfactory continued service. The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. The regulation required an uncharacterized description of service for separation under this chapter. b. Paragraph 3-9a(1) provides that a separation will be described as entry level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case. Entry-level status is defined as the first 180 days of continuous active duty. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his records should be corrected to show he enlisted in 1979, that he was honorably discharged, and to show he was discharged in the rank and grade of sergeant (SGT)/E-5 has been carefully considered. 2. His DD Form 4 shows he enlisted in the U.S. Army Reserve Delayed Entry Program in pay grade E-1 on 24 August 1982 and in the Regular Army on 1 December 1982. There is no evidence in his military records, and he provided none, that substantiates his contention that he enlisted in 1979. 3. The evidence of record confirms his separation action was initiated while he was in an entry-level status. As a result, his service was appropriately described as "uncharacterized." The evidence also shows he was separated in pay grade E-1. There is no evidence indicating he was promoted to SGT/E-5 prior to discharge. 4. Based on the foregoing, there is no basis to grant 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) AR20130009771 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130009771 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1