IN THE CASE OF: BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150016316 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: 6 April 2017 DOCKET NUMBER: AR20150016316 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: 6 April 2017 DOCKET NUMBER: AR20150016316 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 an upgrade of his entry-level uncharacterized discharge to honorable. 2. The applicant states: a.  He made a mistake in not fighting to stay enlisted at the time, but he won't make any excuses. He was out of shape and not very strong at the time of his enlistment. He had to lose a lot of weight very quickly and he lost a lot of muscle with it. This is documented in his records. b.  He was going to be able to pass the Army Physical Fitness Test (APFT) near the end of his second basic training cycle, but he sustained an injury during a road march. He tripped and his arm got trapped in the sling of his rifle. It hurt and he lost some strength in his right arm. He did not report it and tried to just drive on through the pain. c.  He now feels he made a huge error in not reporting the injury and trying to stay enlisted. This error has been a huge regret in his life. He has done his best to succeed in civilian life. He has worked as an officer and sergeant for the Arizona Department of Corrections for 10 years and he served the State with distinction. What he learned from his short service in the Army has helped him tremendously in his civilian career. d.  He would have peace of mind if his separation from the military showed he was discharged under honorable conditions. 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 4 March 1998. 3. His records show he was recycled while in one-station unit training and he failed his AFPT seven times within a 6-month period. 4. On 2 September 1998, he was notified of his commander's intent to initiate entry-level separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 11-2. Specifically, his commander stated he did not meet APFT standards for his age group. He was restarted from a previous training company for the same reason. He was not physically capable of performing in the military. His commander advised him of his rights. 5. On 4 September 1998, he acknowledged receipt of his proposed uncharacterized entry-level separation. He also acknowledged that Department of Veterans Affairs and other benefits normally associated with completion of active service would be affected and he would not be permitted to apply for reenlistment in the U.S. Army for 2 years following his separation date. He elected not to submit statements in his own behalf, he waived a separation medical examination, he elected not to consult with military or civilian counsel, and he acknowledged that failure to exercise his rights within 7 days would result in a waiver of his rights. 6. On 9 September 1998, the separation authority approved his separation under the provisions of Army Regulation 635-200, chapter 11, and directed the issuance of an entry-level separation (uncharacterized). 7. On 16 September 1998, he was discharged accordingly. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows: * he completed 6 months and 13 days of active duty service during this period * his service was uncharacterized * the separation authority was Army Regulation 635-200, chapter 11 * his narrative reason for separation was entry-level performance and conduct REFERENCES: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 establishes policy and prescribes procedures for separating personnel for entry-level status performance and conduct. a.  Paragraph 11-2 (Basis for Separation) states that when separation of a Solider 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 Soldier will normally be separated per this chapter. However, nothing in this chapter prevents separation under another provision of this regulation when such separation is warranted. b.  Paragraph 11-3 (Separation Policy) applies to Soldiers who enlisted in the Regular Army, Army National Guard, or U.S. Army Reserve. c.  Paragraph 11-3a(2) applies to Soldiers who are in an entry-level status, undergoing initial entry training, and have completed no more than 180 days of creditable continuous active duty or initial active duty for training (or no more than 90 days of Phase II under a split or alternate training option) before the date of initiation of the separation action. d.  Paragraph 11-3a(3)(a) states Soldiers who cannot or will not adapt socially or emotionally to military life demonstrate they are not qualified for retention. e.  Paragraph 11-3a(3)(b) states Soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline demonstrate they are not qualified for retention. f.  Paragraph 11-8 states service will be characterized as entry level – uncharacterized – under the provisions of this chapter. g. The glossary defines entry-level status for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. DISCUSSION: 1.  A member's service is under review during the first 180 days of continuous active military service. When separation action is initiated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant a discharge under other than honorable conditions. An honorable characterization may be issued 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. 2. In all other circumstances, an uncharacterized separation is issued regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not derogatory. It simply means the Soldier did not serve on active duty long enough for his or her service to be rated. The characterization of service he received was in compliance with the governing 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) XX 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016316 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2