APPLICANT REQUESTS That his uncharacterized discharge be changed to by rik19085

VIEWS: 28 PAGES: 3

									ABCMR                                    Memorandum                                          of
AC97-05913
Consideration (cont)

APPLICANT REQUESTS: That his uncharacterized discharge be changed to an
honorable discharge.

APPLICANT STATES: In effect, that he had no performance or conduct problems.
He wants to reenlist but his DD Form 214 shows a bar to reenlistment.

EVIDENCE OF RECORD: The applicant’s military records show:

He was born on 27 June 1962. He completed 16 years of formal education. On 28
June 1995, he entered the Delayed Entry Program. On 11 October 1995 he enlisted,
in pay grade E-4, in the Regular Army for 6 years. He did not complete basic training.

On 16 January 1996, the applicant’s company commander at the Defense Language
Institute English Language Center recommended the applicant be separated from the
service for failure to adapt socially and emotionally to military life.

On 16 January 1996, the applicant acknowledged the basis for the separation action,
declined the opportunity to consult with counsel, declined to submit a statement in his
own behalf, acknowledged that he did not feel that any amount of counseling would
allow him to overcome the deficiencies forming the basis for the separation action,
requested immediate discharge and understood that he would be ineligible to apply for
enlistment for a period of 2 years after his discharge.

The appropriate commander approved the recommendation, directed that the applicant
not be transferred to the Individual Ready Reserve and, as this was an entry level
separation, that no discharge certificate be furnished.

On 31 January 1996, the applicant was discharged, in the pay grade of E-4, under the
provisions of Army Regulation   635-200, Chapter 11, entry level status performance
and conduct. He had completed 3 months and 20 days of creditable active service
and had no days lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted
personnel. Chapter 11 sets the policy and prescribes procedures for separating
members who were voluntarily enlisted in the Regular Army, National Guard or Army
Reserve, are in an entry level status and, before the date of the initiation of separation
action, have completed no more than 180 days of creditable continuous service, and
have demonstrated that they are not qualified for retention. The following conditions
are illustrations of conduct that does not qualify for retention: cannot or will not adapt
socially or emotionally to military life; cannot meet the minimum standards prescribed
for successful completion of training because of lack of aptitude, ability, motivation or
self-discipline; or have demonstrated character and behavior characteristics not


                                             2
ABCMR                                     Memorandum                                       of
AC97-05913
Consideration (cont)

compatible with satisfactory continued service. An uncharacterized description of
service is required for soldiers in an entry level status.

DISCUSSION: Considering all the evidence, allegations, and information presented by
the applicant, together with the evidence of record, applicable law and regulations, and
advisory opinion, it is concluded:

1. In order to justify correction of a military record the applicant must show to the
satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would satisfy the
aforementioned requirement.

2. The applicant's administrative separation was accomplished in compliance with
applicable regulations with no indication of procedural errors which would tend to
jeopardize his rights.

3. The uncharacterized discharge directed and the reasons therefor were appropriate
considering all the facts of the case.

4. The applicant’s Reentry Code of RE-3 was appropriate; however; it does allow him
to reenlist, provided he receives a waiver of disqualification.

5. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to
demonstrate the existence of probable error or injustice.




BOARD VOTE:

                        GRANT

                        GRANT FORMAL HEARING

                        DENY APPLICATION


                                              3
ABCMR                  Memorandum         of
AC97-05913
Consideration (cont)




                       Loren G. Harrell
                       Director




                         4

								
To top