IN THE CASE OF: BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160004801 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: 7 November 2017 DOCKET NUMBER: AR20160004801 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: 7 November 2017 DOCKET NUMBER: AR20160004801 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, in effect, amendment of item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service characterization as honorable. 2. The applicant states his performance was impacted by mental anguish due to his divorce during his brief enlistment. He wasn't given ample opportunity to prove himself as a Soldier. 3. The applicant provides: * undated self-authored letter * Associate of Science in Business Administration Diploma * Bachelor of Science in Business Administration Diploma * Master of Science in Project Management Diploma 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 30 December 1997 for a period of 3 years. 3. On 14 April 1998, he underwent a mental status reevaluation for separation. His intellectual testing results revealed his intellectual functioning fell within the range known as borderline intellectual functioning. The examining psychologist stated the implication of this diagnosis was that it was very likely that he would continue to have difficulty in personal and occupational functions. His chain of command could anticipate that he would be a supervisory burden in that his coping skills were severely limited. His prognosis for adequate military performance was not favorable. The examining psychologist recommended his separation from the service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-18. 4. Discharge proceedings were initiated against him on 21 April 1998 under the provisions of Army Regulation 635-200, chapter 11, by reason of entry-level status performance and conduct. The unit commander stated the applicant's mental evaluation determined his emotional problems would continue to interfere with his military career. 5. On 22 April 1998, he acknowledged he had been advised by consulting counsel of the basis for the contemplated action to separation for demonstrated character and behavior characteristics not compatible with satisfactory continued service under Army Regulation 635-200, chapter 11, and its effects; the rights available to him; and the effect of any action taken by him in waiving his rights. He declined to submit statements in his own behalf and waived counsel. He understood he would be ineligible to apply for enlistment in the U.S. Army for a period of 2 years after discharge. 6. On 22 April 1998, the separation authority approved the recommendation for discharge and directed the applicant's separation with an uncharacterized (entry-level status) discharge. 7. On 24 April 1998, he was discharged under the provisions of Army Regulation 635-200, chapter 11, by reason of entry-level status performance and conduct. He completed 3 months and 25 days of creditable active service. 8. Item 24 of his DD Form 214 shows the entry "UNCHARACTERIZED." 9. He provided an undated self-authored letter stating, in effect, he was discharged under chapter 11 in 1998 because he was going through a divorce and had financial issues with his ex-wife. After his discharge, he worked for his uncle's small business and he earned two degrees. An upgrade of his discharge would enhance his employment opportunities. REFERENCES: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 11, 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 * lacked the aptitude, ability, motivation, or self-discipline for military service * demonstrated characteristics not compatible with satisfactory continued service (2) The 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). (3) An uncharacterized description of service was required for separation under this chapter. b. 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. DISCUSSION: 1. Although the applicant contends his performance was impacted by mental anguish due to his divorce and that he wasn't given ample opportunity to prove himself as a Soldier, the evidence of record shows he underwent a mental status evaluation and his prognosis for adequate military performance was not favorable due to his borderline intellectual functioning. 2. The evidence shows he was discharged under the provisions of Army Regulation 635-200, chapter 11, by reason of entry-level status performance and conduct after completing 3 months and 25 days of active service. 3. A separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status. Since he was in an entry-level status when he was released from active duty in 1998, his service was uncharacterized, which is properly reflected in item 24 of his DD Form 214. 4. An uncharacterized period of service 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) AR20160004801 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004801 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2