IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150010989 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150010989 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150010989 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 records to show he was honorably discharged or discharged with a general, under honorable conditions. 2. The applicant states he entered the U.S. Army in November 1983 with every intention of a military career. About one month later, while in basic training and running on a rocky surface, he rolled his ankle and broke his heel bone (length-wise). He also tore some ligaments. a. About a month and a half after that, he was medically cleared and recycled into basic training. However, his foot and ankle did not hold up to the physical demands, which caused him to become physically rundown and sick with fever. This was going to result in another delay and another recycle into basic training. b. He was told that he was being discharged with a general, under honorable conditions discharge; however, he was discharged with an uncharacterized character of service. c. He states that he continues to be treated for issues with his heel and ankle, and he had surgery on his ankle in April 2015. d. After recently applying for employment with the Department of Veterans Affairs (VA), he learned that an uncharacterized discharge is not the same as a general discharge. He was also informed that employment at the VA requires at least a general discharge. 3. The applicant provides no documentary 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 U.S. Army Reserve, Delayed Entry Program, on 16 May 1983, with a military service obligation of 6 years. He then further enlisted in the Regular Army (RA) on 2 November 1983 for a period of 3 years. 3. Several DA Forms 4856-R (General Counseling Forms) show the applicant was counseled on: * 8 February 1984, after returning from sick call regarding his ankle problem (light duty with no marching); he requested separation under the trainee discharge program * 9 February 1984, after returning from sick call (returned to duty); he indicated he did not want to graduate from basic training * 14 February 1984, for demonstrating a negative attitude and lack of motivation toward training * 2 March 1984, for lack of motivation; he expressed no desire to remain in the military * 3 March 1984, for failing to "zero" his weapon and lack of interest in doing so; he expressed his desire for discharge from the Army 4. On 5 March 1984, the applicant's company commander initiated action against him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11 (Entry Level Performance and Conduct – Trainee Discharge Program). a. The reasons for his proposed action were the applicant demonstrated that he could not meet the minimum standards prescribed for successful completion of training because of lack of proper attitude, motivation, and desire to become a Soldier. b. The applicant was advised of his rights and the separation procedures involved. He was informed he had the right consult with consulting counsel; to submit statements in his own behalf; and to request a separation physical if he felt his physical status had changed since his last examination. c. He was also advised that, because he was in entry level status, the period of his service would be uncharacterized. d. The applicant acknowledged notification of the proposed entry level uncharacterized separation from the U.S. Army, waived his rights in writing, and he placed his signature on the document. 5. The company commander forwarded the applicant's separation action based on his entry level status performance and conduct to the separation authority. 6. On 8 March 1984, the separation authority approved the commander's recommendation for discharge of the applicant and directed an entry level status separation of uncharacterized. 7. The applicant's DD Form 214 (Certificate of Release of Discharge from Active Duty) shows he entered active duty on 2 November 1983 and he was discharged on 12 March 1984 under the provisions of Army Regulation 635-200, paragraph 11-3a, based on entry level status performance and conduct. He had completed 4 months and 11 days of net active service during this period. It also shows in item 24 (Character of Service): "Uncharacterized." REFERENCES: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3 (Character of Service/Description of Service) provides in: (1) paragraph 3-7a, 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. Only the honorable characterization may be awarded to a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reasons for separation, unless an entry level status separation (uncharacterized) is warranted. (2) paragraph 3-7b, shows a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory, but not sufficiently meritorious to warrant an honorable discharge. (3) paragraph 3-9, separation will be described as entry level with service uncharacterized if processing is initiated while a Soldier is in an entry level status. b. Chapter 11 provides policy and guidance for the separation of personnel because of unsatisfactory performance or conduct while in an entry level status. Personnel who enlisted in the RA are considered to be in an entry level status if, before the date of the initiation of separation action, they have completed no more than 180 days of continuous active duty. Service of personnel separated under the provisions of this chapter will be described as "uncharacterized." DISCUSSION: 1. The applicant contends that his records should be corrected to show he was honorably discharged or discharged with a general, under honorable conditions. 2. Records show the applicant entered active duty in the RA on 2 November 1983. a. The regulatory guidance shows that personnel who enlist in the RA are considered to be in an entry level status if, before the date of the initiation of separation action, they have completed no more than 180 days of continuous active duty. The service of personnel separated under the provisions of Army Regulation 635-200, chapter 11, will be described as uncharacterized. b. On 5 March 1984, the company commander initiated separation action because the applicant could not meet the minimum standards prescribed for successful completion of training due to lack of proper attitude, motivation, or desire. At that time, he had completed just over 4 months (i.e., 124 days) of active duty service. c. The separation authority approved the separation action and directed an entry level status separation of uncharacterized. Accordingly, the applicant was discharged on 12 March 1984. He was credited with completing 4 months and 11 days of net active service during the period of service under review. 3. Records show the applicant's separation under the provisions of Army Regulation 635-200, chapter 11, based on entry level performance and conduct was administratively correct and in compliance with applicable regulations in effect at the time. In addition, the character of service entered in item 24 of his DD Form 214 was proper and correct. 4. The evidence of record shows the applicant was in an entry level status on the date of initiation of the separation action. The governing Army regulation provides that the service will be described as "uncharacterized." The evidence of record does not support the applicant's contention that the character of service for the period under review should be corrected. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010989 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010989 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2