IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150004787 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 the characterization of his service be changed from entry level status to honorable. 2. The applicant states it was many years ago when he enlisted in the Army. He has paid a price for almost 30 years to have a DD Form 214 (Certificate of Release or Discharge from Active Duty) with a "less than honorable" listed. He gave his effort with an "expert marksman" rating in basic training and again he gave his efforts to learn in advanced individual training (AIT). Although his time in the Army was only 3 months, the discipline and order he learned has made him a better person throughout these past decades. He has put his wife and son through college and has his own business. His efforts in the Army were honorable. 3. The applicant provides: * DD Form 214 * Order Changing Name from the State of Michigan Probate Court, County of Wayne 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. On 17 September 1986, he enlisted in the Regular Army for 2 years. He completed basic combat training. He did not complete AIT. 3. On 26 November 1986, the applicant informed his platoon sergeant that he could not adapt to Army life. He said the pressure was too great and he wanted out of the Army. The platoon sergeant explained that basic training and AIT were stressful times and that he would receive assistance in getting through it. The applicant stated he wanted to talk to the commanding officer and that he just couldn't adjust. The platoon sergeant noted the applicant was crying while talking with him. 4. On 26 November 1986, his commander counseled him about his strong desire to get out of the Army. He informed him he had made a commitment to serve in the Army and that was what was expected of him. He informed him the Army had a lot to offer and he could be on the receiving end if he only tried harder at making it work. 5. On 1 December 1986, he was relieved from training. He had not started his military occupational specialty training. His overall appearance was average. He expressed a strong desire to get out of the Army. The commander was convinced that the applicant would not be productive in the Army and recommended separation. 6. On 1 December 1986, the applicant provided a statement. a. When he enlisted he had signed up for reasons pertaining mostly to the college fund. He had also planned on obtaining a good job with decent pay. b. When he got to basic training he realized that he didn't want to stay in the Army and he would do anything to get out of the military. c. He didn't want to stay in the Army because he had a good job waiting for him at home. He knew he had made a mistake to join the military and he now wanted out. He no longer desired to stay in the Army and saw no future for him if he remained. d. He never before considered self-injury to obtain discharge from the Army and he had failing health since he enlisted, which is another reason he wanted out of the military. 7. On 12 December 1986, his commander notified him he was initiating action to discharge him from the Army under the provisions of Chapter 11, Trainee Discharge Program. His discharge would be an entry level separation with uncharacterized service. The specific reason for this action was the applicant's inability to adapt socially or emotionally to military life. 8. His commander advised him he had the right to: * consult with military legal counsel or civilian counsel (at his own expense) * submit statements in his own behalf * obtain copies of the documents supporting his separation that would be sent to the separation authority * waive his rights in writing 9. The applicant elected to submit a statement in his behalf and waived his remaining rights. There were no statements from the applicant available other than the statement he made on 1 December 1986. 10. The applicant's commander recommended he be separated under chapter 11, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Entry Level Status Performance and Conduct (Trainee Discharge Program). He stated the applicant could not adapt socially or emotionally to military life. 11. On 24 December 1986, he was discharged. He completed 3 months and 8 days of active service during this period that was uncharacterized. His DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. 12. Chapter 11 of Army Regulation 635-200, in effect at the time, set policy and provided guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry level status. a. Separation was warranted when unsatisfactory performance or minor disciplinary infractions were evidenced by: * inability * lack of reasonable effort * failure to adapt to the military environment b. The policy applied to Soldiers who: * were in an entry level status and had completed no more than 180 days of continuous active duty before the date of the initiation of separation action * could not or would not adapt socially or emotionally to military life * had demonstrated character and behavior characteristics not compatible with satisfactory continued service * had failed to respond to counseling c. Entry level status is defined as the first 180 days of continuous active service or the first 180 days of continuous active service after a service break of more than 92 days of active service. d. Entry level separation - uncharacterized was used for separation under the provisions of this chapter. DISCUSSION AND CONCLUSIONS: 1. The applicant's post-service accomplishments as he stated are noted. However, this does not change the quality of his brief period of service in the Army. 2. He was counseled by his platoon sergeant and his commander concerning his commitment to the Army and his obligation to fulfill that commitment. He was advised he could seek and receive assistance during the stressful periods of basic training and AIT. However, the applicant was adamant, as shown in his statement dated 1 December 1986, that it was his desire to get out of the Army. 3. He was still in an entry level status at the time he was discharged. Chapter 11 of Army Regulation 635-200, under which he was processed, specifically required that his service be uncharacterized. 4. The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case. The records contain no indication of procedural or other errors that would tend to jeopardize his rights. 5. The applicant is advised that an uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier had 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) AR20150004787 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004787 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1