IN THE CASE OF: BOARD DATE: 4 October 2016 DOCKET NUMBER: AR20150013616 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: 4 October 2016 DOCKET NUMBER: AR20150013616 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: 4 October 2016 DOCKET NUMBER: AR20150013616 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 received an honorable discharge instead of an uncharacterized discharge. 2. The applicant states he was never in trouble. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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 20 April 1998. He completed basic combat training at Fort Leonard Wood, MO, and was reassigned to another unit for advanced individual training. During training the applicant was frequently counseled for infractions including: * failing to follow instructions (failing to shave) * possession of contraband * being a safety hazard at the firing line/range * going outside (jumping) the chain of command * lack of motivation * failing to meet basic rifle marksmanship standards (multiple attempts/times) * being constantly unsafe with his weapon * loss of military items * basic rifle marksmanship training failure, hand-grenade training failure, and end of cycle test failure 3. On 3 September 1998, the applicant's immediate commander notified him of his intent to initiate separation action against him under the provisions of chapter 11 of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), due to entry-level performance and conduct. The immediate commander stated the applicant did not pass the basic rifle marksmanship test. The immediate commander recommended an entry-level separation. 4. On 3 September 1998, the applicant acknowledged receipt of the separation notification in accordance with chapter 11 of AR 635-200. He waived consulting with counsel. He was advised by his commander of the basis for the contemplated action to separate him for entry level performance, the effects of this separation, the rights available to him, and the effects of any action taken by him in waiving his rights. He acknowledged he understood if the request for discharge were approved, he would receive an entry-level separation with uncharacterized service. He further elected not to submit a statement in his own behalf. 5. Subsequent to the applicant's acknowledgement, the immediate commander initiated separation action against him in accordance with chapter 11 of AR 635-200. 6. On 9 September 1998, the separation authority waived the rehabilitation requirements and approved the applicant's discharge under the provisions of chapter 11, AR 635-200, and directed the applicant’s service be uncharacterized. Accordingly, the applicant was discharged on 15 September 1998. 7. His DD Form 214 confirms he was discharged due to entry-level performance and conduct in accordance with chapter 11 of AR 635-200 with uncharacterized service. He completed 4 months and 26 days (146 days) of creditable active military service. 8. There is no indication he petitioned the Army Discharge Review Board for a review of his discharge within that board's 15-year statute of limitations. REFERENCES: AR 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3 describes the different types of service characterization. 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 an entry-level status. The only exceptions are when the characterization of under other than honorable condition is authorized or when the Secretary of the Army, on a case-by-case basis, determines that, an honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service. b. Chapter 11 sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status. It states 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 their current enlistment by the date of separation and have demonstrated 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 * failed to respond to counseling DISCUSSION: 1. The preponderance of evidence indicates the applicant could not or would not adapt to the military life. He lacked the ability to successfully complete training and become a productive Soldier. 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, his discharge accurately reflects his military service at that time. 2. By regulation, a separation is described as an entry-level separation if processing is initiated while a member is in an entry-level status. The exceptions are when the characterization of under other than honorable condition is authorized or when the Secretary of the Army, on a case-by-case basis, determines that, an honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. 3. 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. 4. An uncharacterized discharge is neither positive nor negative; it is not "derogatory." An uncharacterized character of service 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/her character of service to be rated as honorable or otherwise. The applicant received the characterization of service prescribed by regulation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013616 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013616 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2