IN THE CASE OF: BOARD DATE: 22 September 2021 DOCKET NUMBER: AR20210010734 APPLICANT REQUESTS: The applicant requests, in effect: * to change his “entry level status” character of service * to correct his narrative reason for separation * to change his separation code * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 December 1984 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 his narrative reason for separation is in error as the “entry level status performance and conduct” should be corrected because he did complete his basic training. He also completed his advanced individual training (AIT) of military occupational specialty (MOS) 52D (Power Generation Equipment Repairer), and received his graduation certificate. He did not fail. The character of service is wrong, the separation code is also wrong. 3. On 26 June 1984, the applicant enlisted in the Regular Army for a period of 3 years. Orders 228-06 issued by Military Entrance Processing Station, Los Angeles, CA, assigned him to Fort Leonard Wood, MO with a report date of 27 June 1984 to complete basic training. His Personnel Qualification Record shows he was assigned to Fort Belvoir, VA, for AIT on or about 31 August 1984. 4. On 24 October 1984, Headquarters, U.S. Army Engineer Center and Fort Belvoir, VA, issued Orders 206-7 assigning the applicant to Company B, 1st Battalion, U.S. Army Engineer School Brigade (TR) Fort Belvoir, VA, and awarded him primary MOS 52D1O, effective 19 November 1984. 5. On 16 November 1984, the applicant received non-judicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for failing to go at the time prescribed to his appointed place of duty on three (3) occasions. His punishment consisted of oral reprimand, extra duty and restriction for 14 days (4 days suspended for 90 days). He did not appeal. 6. On 26 November 1984, the applicant wrote a letter to his chain of command requesting to be discharged from the Army. He stated: a. There were many reasons he wished to be discharged from the U.S. Army. The biggest reason of all was the Army way of life; it was very hard to adapt to. There were too many hard things to accept; laws were the main concern in his case. To him laws were too hard to follow, but there were also other reasons for him wanting to be discharged. b. He had a driving while intoxicated case to settle, “a car theft to settle”, and bills to pay at home because he used a VISA card instead of cash, and all of these thing added up to a big problem. It was a big load for him to handle at the age of 18. Please consider his request. 7. On 27 November 1984, he was counseled for being considered for discharge from the Army under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 11, the Trainee Discharge Program (TDP). The applicant acknowledged that he had been counseled on his demonstrated behavior characteristics and unsatisfactory conduct not acceptable for continued good service. He was also informed he was being recommended to the commander for discharge from the Army under the provisions of TDP. The applicant concurred with the counseling. 8. On 29 November 1984, the applicant’s commander notified him that he was initiating action to release him from active duty for transfer to the Individual Ready Reserve (IRR), under the provisions of Chapter 11, AR 635-200 (TDP). The specific reason for the commander’s proposed action was that the applicant had demonstrated behavior characteristics and unsatisfactory conduct not acceptable for continued good service. The commander also informed the applicant of his rights. a. On 30 November 1984, the applicant acknowledged receipt of notification of the proposed separation action from the Army. He indicated he understood that, if approved, he would receive an entry level separation with uncharacterized service. The applicant did not desire to make statements in his own behalf and he did not request a separation physical. b. Legal counsel advised the applicant of the reasons for separation and the rights available to him. The applicant personally made the choices indicated on the acknowledgement of notification of proposed separation under the provisions of the Trainee Discharge Program. c. His chain of command strongly recommended approval of the applicant’s separation action, and he be released from active duty for transfer to the IRR. d. On 3 December 1984, the separation authority approved the release of the applicant from active duty and his transfer to the IRR to complete his remaining service obligation under the provisions of Chapter 11, AR 635-200. Rehabilitation requirements were waived based on the applicant resisting rehabilitation efforts. e. On 6 December 1984, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (IRR), under the provisions of Chapter 11, AR 635-200. He completed 5 months and 11 days of net active service this period. His DD Form 214 also shows in: * item 24 (character of service) - “entry level status” (uncharacterized) * item 26 (separation code) – LGA (entry level status performance and conduct) * item 28 (narrative reason for separation) - “entry level status performance and conduct” 9. The applicant is advised an uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier had not been in the Army long enough for his character of service to be rated as honorable or otherwise. 10. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel. Chapter 11 of the regulation in effect at the time provided for the separation of personnel because of unsatisfactory performance or conduct, or both, while in an entry-level status. Separation was warranted when a member in entry level status demonstrated unsatisfactory performance or had minor disciplinary infractions (or both) as evidenced by inability; lack of reasonable effort; or failure to adapt to the military environment. a. Separation under this chapter applied to Soldiers who were in an entry-level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous Active Duty. An entry level separation with an uncharacterized description of service was required for separation under this chapter. b. Entry-level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days. It further states the character of service for members separated under the provisions of chapter 11 will be uncharacterized. For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings. 11. In regards to the applicant's request for a personal appearance, Army Regulation 15-185 (ABCMR), states an applicant is not entitled to a hearing before the Board; however, the Board or the Director of ABCMR may authorize a personal appearance. 12. 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 Board can consider the applicant's petition, service record, and statements in light of the published guidance on equity, injustice, or clemency. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record and documents provided by the applicant. The governing regulation provides that a Chapter 11 separation will be described as an entry-level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status. The Board found no error or injustice. Evidence in the record show the applicant completed his training and was awarded a military occupational specialty (MOS) but was released from active duty due to entry level unsatisfactory performance and conduct. As such, his DD Form 214 properly shows the appropriate narrative reason, separation code and characterization of service as uncharacterized. 2. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request. 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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: 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 Army Board for Correction of Military Records (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 635-200 (Personnel Separations – Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel. Chapter 11 of the regulation in effect at the time provided for the separation of personnel because of unsatisfactory performance or conduct, or both, while in an entry-level status. Separation was warranted when a member in entry level status demonstrated unsatisfactory performance or had minor disciplinary infractions (or both) as evidenced by inability; lack of reasonable effort; or failure to adapt to the military environment. a. Separation under this chapter applied to Soldiers who were in an entry-level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous Active Duty. An entry level separation with an uncharacterized description of service was required for separation under this chapter. b. Entry-level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days. It further states the character of service for members separated under the provisions of chapter 11 will be uncharacterized. For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings. 3. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. a. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. b. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010734 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20210010734 7 ABCMR Record of Proceedings (cont) AR20210010734 6