MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  25 May 2000
	DOCKET NUMBER:   AR1999034209

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun
Ms. Stephanie Thompkins		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge		Chairperson	
	Mr. Kenneth L. Wright		Member	
	Mr. Ernest W. Lutz		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That her uncharacterized discharge be upgraded to honorable.  She states that she was not given fair and equal treatment as some of the other recruits.  She submits character references from employers and friends in support of her request.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

She enlisted in the Army as a private first class (E-3) on 13 January 1983.

She was counseled on several occasions concerning her poor attitude and lack of motivation. 

On 15 March 1983, her commander recommended separation action under the provisions of Army Regulation 635-200, chapter 11, based on the applicant’s lack of motivation, inability or unwillingness to put forth effort to soldier herself and adapt to military life.

On the same date, the applicant acknowledged notification of the proposed separation.  She elected not to consult with legal counsel and to submit a statement in her own behalf.

On 21 March 1983, the appropriate separation authority approved the applicant’s separation.

She was separated on 24 March 1983 in pay grade E-3 for Entry Level Status Performance and Conduct.  Her character of service was “Uncharacterized.”  She had a total of 2 months and 24 days net active service.

She applied to the Army Discharge Review Board (ADRB) on 23 October 1999.  Since more than 15 years had elapsed since her discharge, her eligibility to apply to the ADRB had expired.  

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11, of that regulation, in effect at the time, provided, in pertinent part, for the separation of personnel because of unsatisfactory 

performance or conduct (or both).  This policy applied to individuals who had 
demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service.

The regulation further specifies that an uncharacterized character of service is required in this instance.

Paragraph 3-9 of the regulation specifies that soldiers who are within the first 180 days of their enlistment when separation processing is started will normally receive an uncharacterized entry level separation.  The only authorized exceptions are in those cases where an under other than honorable conditions discharge is authorized and or warranted or when the Secretary of the Army determines on a case by case basis that an honorable discharge is warranted by unusual circumstances involving the individual's personal conduct and performance of duty.  However, such honorable discharges may be applied only in cases involving changes in service obligation, convenience of the Government and secretarial plenary authority.

An honorable discharge is a separation with honor.  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 inappropriate. 

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 24 March 1983, the date of her discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 24 March 1986.

The application is dated 28 November 1999 and the applicant has not satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__EA___  __KW___  __EL___  CONCUR WITH DETERMINATION

						Carl W. S. Chun
				       Director, Army Board for Correction
                                                                of Military Records

INDEX

CASE ID	AR1999034209	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000525	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.