BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003445 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: 26 September 2017 DOCKET NUMBER: AR20160003445 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: 26 September 2017 DOCKET NUMBER: AR20160003445 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 discharged be changed to an honorable discharge. 2. The applicant states he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11 (Entry Level Performance and Conduct), with a narrative reason "Lack of motivation" due to the fact that he was injured while performing his duties during basic training. He contends he was not given the proper time to heal the injury to his left foot nor was he given enough rehabilitation, including being sent back to the Fitness Training Company. He wants to submit a claim to the Department of Veterans Affairs (VA) and needs to have his uncharacterized discharge changed to an honorable discharge. 3. The applicant provides a DA Form 2173 (Statement of Medical Examination and Duty Status), 11 pages of Army medical records, and memoranda pertaining to his discharge proceedings. 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 U.S. Army Reserve on 14 September 1994. He entered initial active duty for training on 31 May 1995. 3. A DA Form 2173 shows the applicant was examined on 24 July 1995 and was diagnosed with a fracture of the third metacarpal of the left foot (presumptive). The form indicates that on 18 July 1995 the applicant was participating in a road march and felt some discomfort and pain in his left foot. The form further shows the disability was determined to be temporary. 4. The applicant's record includes several counseling forms that show he was counseled on several occasions for a number of deficiencies, including: * failure to meet minimum standards for the diagnostic physical readiness test on two occasions * failure to meet minimum standards of the basic rifle marksmanship on two occasions * displaying a negative attitude in his actions and mannerism * failure to improve in his areas of deficiencies * displaying an attitude of uncaring and total lack of self-discipline and motivation * making insubordinate facial expressions * failure of the Army Physical Fitness Test * failure to adapt 5. The applicant's immediate commander informed him on 5 September 1995 that he was initiating action to discharge him from the Army. The commander stated that the specific reason for the proposed separation action was the applicant's inability to adapt to military life. 6. The separation authority approved the recommendation for separation on 22 September 1995, and directed that his service be "uncharacterized." 7. The applicant was discharged on 28 September 1995. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was separated under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct. It further shows he was credited with completing 3 months and 28 days of active duty service. 8. The applicant provides 11 pages of Army medical records that show he was seen for issues related to his left foot. These documents include a Radiology Consultation Request/Report, dated 7 September 1995, prepared during the applicant's physical examination for separation, which shows his radiology report was "normal." 9. There is no evidence that indicates the applicant applied to the Army Discharge Review Board for a change in the character of his service. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-9a provides that a separation will be described as entry-level, with service uncharacterized, if processing is initiated while a Soldier is in an entry-level status, except: (1) when a characterization of under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case. (2) when the Secretary of the Army, on a case by case basis, determines an honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority. b. Chapter 11 of the regulation in effect at the time provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status. (1) This provision applied to individuals who had demonstrated they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self-discipline for military service, or because they demonstrated characteristics not compatible with satisfactory continued service. (2) This separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. Separation under this chapter applied to Soldiers who were in an entry-level status (i.e., had completed no more than 180 days of continuous active duty before the date of the initiation of separation action). An uncharacterized description of service was required for separation under this chapter. c. Entry-level status is defined as the first 180 days of continuous active service. DISCUSSION: 1. The applicant's request for a change in his service characterization, from uncharacterized to honorable, was carefully considered. 2. The evidence of record confirms the applicant was separated prior to completing 180 days of continuous active service. Therefore, by definition, he was in an entry-level status at the time of his separation. The governing Army regulation provides that a separation will be described as entry-level, with service uncharacterized, if processing is initiated while a Soldier is in an entry-level status. 3. There is no evidence in the applicant's records and he failed to provide evidence that shows his separation processing and/or the character of service he received were in error or unjust. 4. 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. 5. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003445 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003445 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2