BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160002623 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 BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160002623 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. BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160002623 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 an upgrade of her characterization from uncharacterized to honorable. 2. The applicant states she wants to be classified as a veteran. 3. The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty). 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. On 15 July 1993, the applicant enlisted in the Regular Army for 4 years. She enlisted for training in military occupation specialty (MOS) 31N (Army Communications Systems/Circuit Controller). 3. She was assigned to the 120th Adjutant General Battalion at Fort Jackson, SC. On 24 August 1993, she was released from the Fitness Training Company and assigned to Company E, 1st Battalion, 28th Infantry Training Regiment. 4. It is unclear if the applicant completed basic combat training. She did not complete advance individual training. 5. The applicant's separation processing packet was not available for review. The facts and circumstances pertaining to her discharge are not on file. 6. On 19 October 1993, the applicant was discharged under the provisions of chapter 11 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) for entry level performance and conduct. She completed 3 months and 5 days of active service that was uncharacterized. REFERENCES: 1. Chapter 11 of Army Regulation 635-200, in effect at the time, set policy and provided guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry level status. Separation of a Soldier an entry-level status was warranted by unsatisfactory performance or minor disciplinary infractions as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment. The separation policy applied to Soldiers who were in an entry level status and, before the date of the initiation of separation action, had completed no more than 180 days of continuous active duty, and demonstrated that they were not qualified for retention. a. The following conditions are illustrations of conduct that does not qualify for retention: (1) Cannot or will not adapt socially or emotionally to military life. (2) Cannot meet the minimum standards prescribed for successful completion of training, because of lack of aptitude, ability, motivation or self-discipline. (3) Have demonstrated character and behavior characteristics not compatible with satisfactory continued service. (4) Have failed to respond to counselling. b. The regulation required an uncharacterized description of service for separation under this chapter. c. Paragraph 3-4a(2) stated the service characterization for Soldiers separated in an entry level status will be uncharacterized. d. The glossary stated, entry level status for Regular Army Soldiers was the first 180 days of continuous active duty and the first 180 days of continuous active duty following a break of more than 92 days of active military service. 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. This 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. DISCUSSION: 1. The applicant's separation processing packet was not available for review. The exact circumstances surrounding her discharge are not known. 2. In the absence of evidence to the contrary, it is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, it is presumed that the type of discharge and the reason for separation were appropriate. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. When separated under the provisions of chapter 11 of Army Regulation 635-200 an uncharacterized description of service is normally required. 4. 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 (more than 180 days) for her character of service to be rated as honorable or otherwise. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002623 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002623 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2