BOARD DATE: 2 November 2017 DOCKET NUMBER: AR20160003897 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. 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: 2 November 2017 DOCKET NUMBER: AR20160003897 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 2 November 2017 DOCKET NUMBER: AR20160003897 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * item 24 (Character of Service) to show an honorable discharge instead of an uncharacterized discharge * item 25 (Separation Authority) to show paragraph 11-3b, Army Regulation (AR) 635-200 (Enlisted Personnel – Personnel Separations), instead of paragraph 11-3a 2. The applicant states her characterization of service should be changed from an uncharacterized discharge to an honorable discharge. Additionally, item 25 of her DD Form 214, which shows she was discharged under chapter 11-3a (social and emotional problems), AR 635-200, should be changed because she was discharged due to a lack of physical ability related to an injury sustained on active duty. The injury affected her ability to do the required exercises, and because of her inability she was separated from the service. She feels her uncharacterized discharge from the Army was no fault of her own. 3. The applicant provides: * self-authored letter * Fort Leonard Wood Form 576 (Trainee Sick Slip) * DD Form 214 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 28 May 1992. Following completion of basic combat training at Fort Leonard Wood, MO, she was reassigned to the 58th Transportation Battalion, also at Fort Leonard Wood, for completion of advanced individual training as an 88M (Motor Transport Operator). 3. Between 15 September and 29 September 1992, the applicant failed the Army Physical Fitness Test (APFT) three times. 4. On 29 September 1992, the applicant’s commander formally counseled her for failing the APFT and advised her of his intent to initiate her entry level separation under the provisions of chapter 11, AR 635-200, on the basis of a lack of physical ability. 5. On 2 October 1992, the applicant was counseled again by Sergeant R_ F_ and Sergeant First Class J_ W_ for her 3rd APFT failure with recommendations for an entry level separation. 6. On 6 October 1992, the applicant’s immediate commander notified her and she acknowledged his intent to initiate separation action against her from the service under the provisions of chapter 11, AR 635-200, for a lack of physical ability. He cited his reasons as her failing the APFT on three attempts and her lack of physical ability and motivation to improve to meet Army standards. She acknowledged and understood: * she waived her rights to counsel * she would receive an entry level separation * her service would be uncharacterized * she elected not to submit statements on her behalf * she was not required to complete a separation medical or mental examination in accordance with AR 40-501 (Standards of Medical Fitness) 7. Subsequent to this acknowledgement, the applicant's immediate commander initiated separation action against her in accordance with AR 635-200, chapter 11. The immediate commander stated the applicant failed a record APFT on three occasions and her scores did not increase on these tests. This showed a lack of physical ability and lack of motivation to meet Army standards. 8. On 8 October 1992, the separation authority approved the applicant's discharge from the Army in accordance with chapter 11, AR 635-200, and ordered the applicant discharged and issued an entry level discharge (uncharacterized). 9. The applicant was discharged on 15 October 1992. Her DD Form 214 shows she completed 4 months and 18 days of net active service. Her DD Form 214 also shows in: * item 24 (Character of Service) – "Uncharacterized" * item 25 – AR 635-200, PARA 11-3a * item 26 (Separation Code) – JGA * item 28 (Narrative Reason for Separation) – "Entry Level Status" 10. The applicant’s medical records are not available for review. 11. There is no indication the applicant petitioned the Army Discharge Review Board for a review of her separation processing within that Board's 15-year statute of limitations. REFERENCE: 1. AR 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. Chapter 11 provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status. Paragraph 11-3a applies to Soldiers who: (1) Were voluntarily enlisted in the Regular Army, Army National Guard, or U.S. Army Reserve; or (2) Are in entry level status and, before the date of the initiation of separation action, have completed no-more than 180 days of creditable continuous active duty or initial active duty training or no more than 90 days of Phase II under a split or alternate training option; (3) Have demonstrated that they are not qualified for retention. The following conditions are illustrations of conduct that does not qualify for retention: (a) Cannot or will not adapt socially or emotionally to military life; (b) Cannot meet the minimum standards prescribed for successful completion of training, because of lack of aptitude, ability, motivation or self-discipline; or (c) Have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or (4) Have failed to respond to counselling (DA Form 4856). b. Paragraph 11-3b applied to enlisted women who became pregnant while still in a training status. c. Chapter 3 describes the different types of characterization of service. It states an uncharacterized separation is an entry-level separation. A separation is described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when The Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable 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. d. Paragraph 3-7a states 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. e. Paragraph 3-7b states a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization. 2. AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD code to be entered on the DD Form 214. It identifies SPD code JGA as the appropriate code to assign to enlisted Soldiers who are administratively discharged under the provisions of AR 635-200, paragraph 11-3 based on entry level performance and conduct. DISCUSSION: 1. With respect to the characterization of service: a. The evidence of record shows, while in initial entry training, the applicant failed her APFT on three separate occasions. The commander believed she lacked the motivation to successfully complete training and become a productive Soldier. Accordingly, her immediate commander initiated separation action against her. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. b. 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. An uncharacterized discharge is neither positive nor negative; it is not "derogatory." c. Uncharacterized 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. d. By regulation, the Army considers a separation an entry-level separation if processing is initiated while a member is in an entry-level status. The exception is when the characterization of under other than honorable conditions is authorized or when the Secretary of the Army, on a case-by-case basis, determines an honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. e. The applicant received the correct characterization of service. 2. With respect to the type of separation and/or the narrative reason for separation: a. The entry level status separation applied to individuals who had demonstrated they were not qualified for retention because they could not adapt socially or emotionally to military life; lacked the aptitude, ability, motivation, or self-discipline for military service; or demonstrated characteristics incompatible with satisfactory continued service. b. The basis for her separation was her APFT failure and lack of motivation to improve and her separation was processed under chapter 11, of AR 635-200. The specific authority for her separation was contained in paragraph 11-3a, which is correctly entered on her DD Form 214. Paragraph 11-3b did not apply in her case. c. Her narrative reason for separation was assigned because of her performance (APFT failure) and conduct (lack of motivation) during training. Absent this performance and conduct there was no fundamental reason to process her for separation. The underlying reason for her discharge was her performance and conduct during entry level status. The only valid narrative reason for separation permitted under that paragraph is "Entry Level Status” which is correctly shown on her DD Form 214. d. Based on the authority and reason for separation, she was appropriately assigned the separation code of "JGA" in accordance with the applicable regulation. This is the appropriate code for members separated for "Entry Level Status." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160003897 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003897 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2