BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160001899 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 BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160001899 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. BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160001899 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 his uncharacterized discharge be upgraded to an honorable discharge. 2. The applicant states when he was discharged from the Army on 13 February 1996 and his DD Form 214 (Certificate of Release or Discharge from Active Duty) was left blank without a characterization. His intention was to retire from the Army, due to a foot injury he sustained serving his country; however, his discharged was not characterized. All medical information that is needed is already listed in eBenefits (a Department of Veterans Affairs (VA) website) and with the U.S. Army. 3. The applicant provides no additional evidence in support of his request. 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 2 October 1995. He was assigned to Fort Benning, Georgia, for the purpose of completing his initial entry training; however, he did not complete this training. 3. The applicant's record reveals seven DA Forms 4856 (General Counseling Form), dated between 20 October 1995 and 29 January 1996, which show he failed a number of diagnostic and record Army Physical Fitness Tests (APFT). In acknowledging the numerous counselings, he did not attribute his inability to pass the APFT to any injury(ies). 4. The applicant's commander notified him on 20 January 1996 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. He was advised of his rights and his commander cited the following reasons for his propose action: * his inability to pass an APFT since his arrival * his unwillingness or inability to adapt to the physical standards set by the Army * a discharge would be in the best interest of both the applicant and the U.S. Army 5. 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 waived consulting with counsel, elected not to make any statements in his own behalf, and waived his separation physical. 6. The applicant's immediate commander recommended his separation from the Army, under the provisions of Army Regulation 635-200, chapter 11, due to his failure to adapt to the physical standards of the U.S. Army. He further recommended rehabilitation be waived and he not be transferred to the Individual Ready Reserve (IRR). 7. The separation authority reviewed the proposed separation action and approved an entry-level separation on 1 February 1996, in accordance with Army Regulation 635-200, chapter 11, and waived further rehabilitative efforts and that he not be transferred to the IRR. The separation authority directed that the applicant's service be uncharacterized. 8. The applicant was discharged on 13 February 1996, following his completion of 4 months and 12 days of net active service. The DD Form 214 he was issued shows in: * Item 23 (Type of Separation) - Discharge * Item 24 (Character of Service) - Uncharacterized * Item 25 (Separation Authority) - Army Regulation 635-200, chapter 11 * Item 28 (Narrative Reason for Separation) - Entry Level Performance and Conduct 9. The applicant's record does not contain, nor does he provide any evidence, that shows he was diagnosed or treated for any medical condition(s) during his period of service. In addition, his record does not contain evidence of exceptional meritorious performance or conduct of his military duties. 10. The applicant did not apply to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year statute of limitations. REFERENCES: Army Regulation 635-200 prescribes policies, standards, and procedures providing for the orderly administrative separation of active duty enlisted Soldiers. a. Chapter 3 states 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. 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. Chapter 11 provides for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status. When separation of a Soldier in an 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, he or she will normally be separated per this chapter. Service will be uncharacterized for entry-level separation under the provisions of this chapter. DISCUSSION: 1. The applicant's request that his uncharacterized discharge be upgraded to an honorable discharge was carefully considered. 2. The evidence of record shows that within 6 months of his entrance on active duty, the applicant was counseled on numerous occasions regarding his failure to adapt to the physical fitness standards of the U.S. Army. 3. The applicant's record contains a separation packet that shows he waived a separation medical examination. His record contains no evidence of injury, and he did not provide any evidence that shows he incurred an injury during his period of service. 4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 5. The evidence of record also shows he was in an entry-level status at the time of his separation. All requirements of law and regulation were met and his rights were fully protected throughout the separation process. As a result, his service was appropriately described as "uncharacterized" in accordance with governing regulations. 6. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated as honorable or otherwise. 7. An honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. There are no such circumstances present in his records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019246 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001899 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2