IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150004482 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, in effect, correction of the characterization of service and narrative reason for separation listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states he was a good Soldier and his uncharacterized entry-level separation sounds unusual and has caused him problems obtaining employment and other benefits. He further states he had a medical issue back then and he was subsequently transferred to an inactive reserve unit. 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 enlisted in the Regular Army on 30 January 1987. 3. Evidence contained in the applicant's official military personnel file shows he was repeatedly counseled for a lack of motivation and poor attitude toward authority and discipline. 4. On 24 March 1987, he received a command directed mental health evaluation at the Community Mental Health Service, Fort Benning, GA, due to suicidal ideations. It was noted the applicant stated if he didn’t get out of the Army, he was going to kill himself. The applicant thought of ways to harm himself just to show his unit that he was serious about getting out of the Army. Further, the problems presented by the applicant did not require hospitalization, treatment, transfer or other type of duty within the military. Based on the conditions and problems presented by the applicant, it was strongly recommended that he be separated from the military and he was medically cleared for any administrative action deemed appropriate by the command. 5. His commander notified him on 25 March 1987 that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, due to entry level performance and conduct. The specific reason for the proposed action was the applicant's refusal to train and his claim that he would kill himself if he did not get out of the Army. 6. On this same date, the applicant acknowledged receipt of the separation notification memorandum. He stated he understood that, if approved, he would receive an uncharacterized, entry level separation. He elected not to consult with counsel and elected not to make any statements in his own behalf. He did not request a separation physical. 7. His commander subsequently recommended his separation from the service. The separation authority directed he be released from active duty with an entry level separation and an uncharacterized characterization of service and transfer to the Individual Ready Reserve to complete his military service obligation. His commander noted he had above average intelligence and the ability to be a good Soldier; however, the applicant felt a deep spiritual or religious need to get out of the Army to become a preacher. 8. He was discharged accordingly on 8 April 1987. He completed 2 months and 9 days of net active service. The DD Form 214 he was issued at the time shows in: * Item 9 (Command to Which Transferred) – he was not transferred to a Reserve unit * Item 23 (Type of Separation) – Discharge * Item 24 (Character of Service) – Uncharacterized * Item 25 (Separation Authority) – Army Regulation 635-200, chapter 11 * Item 26 (Separation Code) – JGA * Item 27 (Reenlistment Code) – RE (Reentry)-3 * Item 28 (Narrative Reason for Separation) – Entry level status performance and conduct 9. His record is void of any evidence and the applicant has not submitted any evidence that shows he had a medical condition which would have rendered him unable to perform his duties. 10. There is no evidence that he petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. 11. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It states in: a. Chapter 3, a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated (emphasis added). b. 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. c. Paragraph 3-7b provides that 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. d. Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status. An uncharacterized service description is normally granted to Soldiers separating under this chapter. A general discharge is not authorized under entry level status conditions and an honorable discharge is rarely ever granted. 12. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria for enlistment and processing into the Regular Army and the U.S. Army Reserve. This regulation provides that prior to discharge or release from active duty; individuals will be assigned RE codes based on their service records or the reason for discharge. It also states that RE codes may be changed only if they are determined to be administratively incorrect. Chapter 3 of this regulation prescribes basic eligibility for prior-service applicants for enlistment. This chapter includes a list of Armed Forces RE codes, including Regular Army RE codes. a. RE-3 applies to persons not qualified for continued Army service at the time of discharge, but the disqualification is waivable. b. RE-1 applies to persons completing their term of service who are considered qualified to reenter the Army, so long as all other qualifications are met. 13. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities and the reasons for the separation of members from active military service and the SPD codes to be used. The regulation shows that the SPD code of "JGA," as shown on his DD Form 214, is appropriate for involuntary separation when the narrative reason for discharge is entry level performance and conduct and the authority for discharge is Army Regulation 635-200, chapter 11. 14. The U.S. Army Human Resources Command (HRC) publishes a cross-reference list of SPD and RE codes. The cross-reference list in effect at the time showed that an SPD code of "JGA" was assigned an RE code of "3." DISCUSSION AND CONCLUSIONS: 1. The applicant's request for a change in his characterization of service and reason for separation was carefully considered. 2. His record is void of any evidence of a medical condition which would have rendered him unable to perform his duties. However, evidence shows he stated to his commander that he wanted to be discharged so he could pursue becoming a preacher. 3. The available evidence shows he was separated for entry level performance and conduct, prior to completing 180 days of active service, based on his refusal to train and his claim that he would kill himself if he did not get out of the Army. Based on the authority and reason for separation, he was properly assigned an uncharacterized characterization of service, an SPD code of "JGA," and a corresponding RE code of "3" in accordance with applicable regulations. Therefore, his records are correct as currently constituted. 4. Without evidence that shows an error exists on his DD Form 214 or that his discharge was in error or unjust, there is no basis to change his character of service or reason for separation as requested. 5. For the applicant's information, an uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 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) AR20150004482 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004482 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1