IN THE CASE OF: BOARD DATE: 10 January 2012 DOCKET NUMBER: AR20110013798 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he received an honorable discharge vice an uncharacterized discharge. 2. The applicant states he did not discover this error until he was applying to become a Free Mason. He would like his record to reflect his character. 3. The applicant provides a self-authored statement, a DD Form 214, and a DD Form 215 (Correction to DD Form 214). 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 5 March 1986. He was subsequently assigned to Fort Benning, GA, for completion of training. 3. His records contain a history of counseling by members of his chain of command for various issues including inability to meet minimum standards of basic rifle marksmanship on multiple occasions. 4. On 1 May 1986, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11 (Trainee Discharge Program). Specifically, the immediate commander stated that the applicant displayed an apathetic attitude and demonstrated inability to qualify with his M-16 rifle. 5. On 1 May 1986, the applicant acknowledged receipt of the notification of separation action. He was advised of the basis for his contemplated separation and its effects, the rights available to him, and the effects of a waiver of his rights. He also acknowledged that he understood that if his discharge was approved, he would receive an entry level separation with an uncharacterized service. He further acknowledged that Veterans Administration and other benefits normally associated with completion of active service would be affected. He elected not to consult with counsel, not to make a statement or submit a rebuttal in his own behalf, and waived a separation medical examination. 6. Subsequent to this acknowledgement, the applicant’s immediate commander recommended the applicant's separation from the Army under the provisions of Army Regulation 635-200, chapter 11. The immediate commander remarked that further counseling and/or rehabilitative efforts would not result in the quality of Soldier desired by the Army. 7. On 9 May 1986, the separation authority reviewed the proposed separation action and approved an entry-level separation (uncharacterized) in accordance with Army Regulation 635-200, chapter 11. On 15 May 1986, the applicant was discharged accordingly. 8. The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a and his characterization of service was uncharacterized. This form further confirms he completed a total of 2 months and 11 days of creditable active service. 9. He provided a self-authored statement which states he had difficulty qualifying with his rifle. At the end of basic training he was given two options: becoming a basic training restart to allow him the opportunity to qualify with his weapon or going home. He made the decision to go home. However, he has since graduated from law school with honors. 10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 of this regulation sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry-level status. It states in pertinent part that when separation of a member in entry-level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, the member normally will be separated per this chapter. This separation policy applies to enlisted members of the Regular Army, who have completed no more than 180 days active duty on current enlistment by the date of separation, have demonstrated that they are not qualified for retention for one or more of the following reasons: Cannot or will not adapt socially or emotionally to military life, cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or failed to respond to counseling. 11. Chapter 3 of Army Regulation 635-200 describes the different types of characterization of service. It states in pertinent part that an uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in 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 or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. 12. Army Regulation 635-200, paragraph 3-7a, provides that 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. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows that while in training, the applicant demonstrated a lack of motivation and/or desire to become an effective Soldier, which is incompatible with satisfactory continued service. Accordingly, his immediate commander initiated separation action against him. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the applicant’s discharge accurately reflects his military service at that time. 2. During the first 180 days of continuous active military service, a member's service is under review. When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable conditions discharge. An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army. 3. The entry-level separation is given regardless of the reason for separation. This uncharacterized discharge is neither positive nor negative; it is not "derogatory." It simply means the Soldier did not serve long enough to qualify for a specified characterization of service. 4. In view of the foregoing, there is no basis for granting the applicant's 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) AR20110013798 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110013798 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1