ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:     29 March 2019

	DOCKET NUMBER:  AR20160015117


APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was honorably discharged.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

* DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he did nothing wrong in basic training and was unjustly discharged.

3.  The applicant enlisted in the Regular Army on 29 February 1984.  He entered active duty for training, for the purpose of completing his initial entry training; however, his record indicates he did not finish his initial entry training.

4.  The applicant's record contains numerous DA Forms 4856 (General Counseling Form), dated between 8 March and 31 March 1984, which show he received counseling for the following:

* being overweight
* failure to shave
* failure to meet fitness test standards
* poor personal hygiene
* failure to understand and grasp instructions
* negative motivation and aptitude

5.  The applicant's immediate commander notified the applicant on 2 April 1984 that he was initiating actions to separate him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, for entry level status performance and conduct with uncharacterized service.  

6.  The applicant acknowledged receipt of the separation notification.  He waived his right to consult with counsel and elected not to make any statements in his own behalf.

7.  The applicant's immediate commander formally recommended his separation on 2 April 1984, under the provisions of Army Regulation 635-200, chapter 11.  The separation authority approved the separation recommendation on 4 April 1984 and directed the issuance of an entry level separation with uncharacterized service.

8.  The applicant was discharged on 6 April 1984, under the provisions of Army Regulation 635-200, paragraph 11-3a.  The DD Form 214 he was issued shows he completed 1 month and 8 days of net active service and was not awarded a military occupational specialty.  His service was uncharacterized.

9.  Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service.  The evidence of record shows the applicant was in an entry-level status at the time of his separation.  As a result, his service was appropriately described as "uncharacterized" in accordance with governing regulations.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  The Board found that the applicant didn’t provide sufficient justification for making a change to the characterization of his discharge.  Based upon the applicant’s military record and being discharged within the first 180 days of military service, the Board found no injustice or clemency which would require making a change to the characterization of service.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:x	:x	:x	DENY APPLICATION
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.




REFERENCES:

Army Regulation 635-200, in effect at the time, sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons.

	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.

ABCMR Record of Proceedings (cont)	 AR20160015117


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