ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 May 2019 DOCKET NUMBER: AR20180013995 APPLICANT REQUESTS: His under honorable conditions (general) discharge be upgraded to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code (USC), Section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) 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 was discharged due to mental health issues. He did not receive treatment for these issues and still suffers from them. He is now being treated by the Department of Veteran Affairs (VA). 3. The applicant enlisted in the Regular Army on 3 May 1984. 4. The applicant was formally counseled on five occasions between 24 May and 7 June 1984 for infractions including but not limited to his lack of motivation, poor attitude, and failure to attain satisfactory training scores. The applicant noted his desire to be separated from the Army during each of the counseling sessions. 5. A DA Form 4856-R (General Counseling Form), dated 31 May 1984, notes the applicant was referred for a mental health evaluation following a suicidal gesture. The applicant stated he did not want to die but did want out of the Army. He felt he made a mistake enlisting and he did not desire help adjusting to military life. The examining physician determined there were no psychiatric disorders; the applicant's problems concerned motivation and attitude. The applicant was diagnosed with an adjustment disorder. 6. The applicant's unit commander notified the applicant on 7 June 1984 that he was initiating actions to separate him from service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 11, by reason of entry level performance and conduct. 7. The applicant acknowledged the proposed separation on 7 June 1984 and waived his rights, including speaking with counsel and to a medical evaluation/examination. 8. The applicant's commander formally recommended his separation from service on 7 June 1984, under the provisions of Army Regulation 635-200, Chapter 11. 9. The separation authority approved the applicant's discharge on 14 June 1984, under the provisions of Army Regulation 635-200, Chapter 11, by reason of entry level performance and conduct, with uncharacterized service. 10. The applicant was discharged on 18 June 1984. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a, by reason of entry level performance and conduct; he was discharged in the rank/grade of private/E-1; and his service was uncharacterized. 11. The applicant has provided no evidence of what if any condition the VA may be treating him for or how that condition(s) relates to his very limited period of active duty. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The board applied Office of the Secretary of Defense standards of liberal consideration and clemency to the complete evidentiary record, including the applicant’s statement and did not find any evidence of error, injustice, or inequity; the applicant had limited creditable service, no wartime service and no mitigating circumstances for the misconduct. The Board agreed that the applicant’s discharge characterization is appropriate. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, Section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. 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. b. Paragraph 3-7b provides that 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. c. Chapter 11 of that regulation provides for the separation of personnel in an entry level status for unsatisfactory performance or conduct as evidenced by inability, lack of reasonable effort or a failure to adapt to the military environment. These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty. An uncharacterized separation is mandatory under this chapter. //NOTHING FOLLOWS//