ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  29 March 2019

	DOCKET NUMBER:  AR20160013268


APPLICANT REQUESTS:  The applicant request correction of her DD Form 214 
(Certificate of Release or Discharge from Active Duty) to change item 24 from 
uncharacterized to honorable, item 26 from JET to JGA, and item 27 from RE-3 to RE-1

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Applicant Statement
*	Extract of Medical Records

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.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AC88-06146 on 3 May 1989.

3.  The applicant states it has been nearly 33 years since she was discharged from the 
military.  She doesn’t understand how a lie has been put upon her for over 33 years.  As 
she gets older, she’s been dealing with chronic shoulder, back, leg, and foot pains due 
to all the injuries that she received while in basic training.  Her medical records show 
she fell and fractured her right ankle as well as hurting her back so because of these 
injuries she was not able to graduate basic training.  She was given an uncharacterized 
discharge with an entry level status performance and conduct with a RE-3 separation 
code which is a bad status for her future.  She scored high on every task that she 
performed and did well on her rifle M16A1, marksman and passed her grenade.  She 
received a certificate of appreciation for her participation in the gospel service during the 
religious program.  This shouldn’t classify her as a bad person during her time in basic 
training.  She shouldn’t have to live her life in so much pain because of the mistakes 
that were made by others did not do right by her; please help her to put closure on this 
nightmare that she’s been going through for 33 years of her life.

4.  On 1 February 1983, the applicant enlisted in the Regular Army.

5.  On 28 April 1983, she received non-judicial punishment (NJP) for disobeying a lawful 
order.

6.  On 7 May 1983 the applicant was counseled for not passing the second make-up 
test of end of cycle testing which is required to graduate basic training; she was 
counseled again on 11 May 1983 for failing another end of cycle test. 

7. On 13 May 1983 the applicant was referred for counseling due to a bad attitude, lack 
of motivation, and an inability to adapt to military life.  She refused to be tested on the 
end of course tests, task.  She stated during the counseling that, “She would not be a 
new start”.

8.  On 16 May 1983, she was counseled for failing to pass make-up training and testing 
for Soldier stakes; the chain of command recommended discharge under trainee 
discharge program.

9.  On 17 May 1983, she was notified by her commander that he was initiating action to 
separate her under the provisions of Army Regulation (AR) 635-200, (Active Duty 
Enlisted Administrative Separations) paragraph 11, Trainee Discharge Program.  

     a.  The specific reasons for the proposed action were:

*	Poor attitude
*	Lack of motivation
*	An apparent inability or unwillingness to adapt to military life
*	Failed Soldier Stakes four times.

     b.  The applicant acknowledged being notified for the contemplated separation action 
against her; she understood if approved, she would receive an entry level separation 
with uncharacterized service; she was made aware of her available rights and consulted 
with legal counsel.

     c.  The appropriate authority waived rehabilitation efforts, approved the 
recommendation for discharge of the applicant as an entry level separation.  

10.  On 25 May 1983, the applicant was discharged accordingly.  She completed 3 
months, and 25 days of net active service with a characterization of service as 
uncharacterized.

11.  The applicant states it’s been nearly 33 years since she was discharged from the 
military.  She was unable to graduate from basic training due to medical injuries; she 
only served 115 days on active duty.  She was given an uncharacterized discharge with 
entry level status performance and conduct with a RE-3 separation code, which is a bad 
status for her future.  During basic training, she scored high on every task that she 
performed and received a certificate of appreciation for the religious program she 
participated in. 

12.  The applicant’s record shows she signed a statement stating she did not desire a 
medical examination prior to discharge.  She provides extracts of her medical records 
that show while in basic training she fell and injured her right ankle subsequently being 
put on a temporary profile preventing her from crawling, stooping, running, jumping, 
prolonged standing or marching (15 minutes).   She also provides emergency care and 
treatment medical record which shows she was injured when she fell in a 5 ft. hole, 
landing on her upper back and left shoulder.

13.  On 12 June 2018, an advisory opinion from an Army Review Boards Agency 
(ARBA) Senior Medical Advisor completed and extensive review of the applicant’s 
medical personnel and records, it states:  
     a.  The applicant fell and couldn’t move her right leg with pain in her right ankle.  The 
assessment found:  no fracture but a soft tissue injury right ankle.  She was given non-
weight bearing; crutch walking profile for 1 week.  A temporary profile showed no 
crawling, stooping, running, jumping, prolonged standing or marching (15 minutes).  The 
applicant has an existed prior to service history of right ankle fracture, twice cased, and 
reportedly fully recovered.
     b.  The applicant fell 5 feet hard, landing on left side of upper back and shoulder.  X-
rays showed soft tissue injury, grade II contusion; no significant abnormality.
     c.  The applicant's medical conditions were duly considered during medical 
separation processing.  A review of the available documentation found no evidence 
of a medical disability or condition which would support a change to the character, 
reason, separation code, and/or reenlistment eligibility for the discharge in this 
case.
14.  AR 635-200 states separation under Chapter 11 applied to Soldiers who were in an 
entry-level status (i.e., had completed no more than 180 days of continuous active duty 
before the date of the initiation of separation action) who could not meet the minimum 
standards for completion of training.  An uncharacterized description of service was 
required for separation under this chapter.

15.  In reaching its determination, the Board can consider the applicant's petition, his 
service record, and his statements in light of the published guidance on equity, injustice, 
or clemency.
BOARD DISCUSSION:

1.  After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The governing regulation provides that a 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.  As such, her 
DD Form 214 properly shows her 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.  

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 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.  AR 635-200 sets forth the basic authority for the separation of enlisted personnel. 
     a.  Chapter 11 of the regulation in effect at the time provided for the separation of 
personnel due to unsatisfactory performance or conduct, or both, while in an entry-level 
status.  This provision applied to individuals who had demonstrated they were not 
qualified for retention because they: 
*	could not adapt socially or emotionally to military life
*	lacked the aptitude, ability, motivation, or self-discipline for military service
*	demonstrated characteristics not compatible with satisfactory continued service
      b.  The separation policy applied to Soldiers who could not meet the minimum 
standards prescribed for successful completion of training because of lack of aptitude, 
ability, motivation, or self-discipline.  Separation under this chapter applied to Soldiers 
who were in an entry-level status (i.e., had completed no more than 180 days of 
continuous active duty before the date of the initiation of separation action).  An 
uncharacterized description of service was required for separation under this chapter. 
     c.  It states in pertinent part that an uncharacterized separation is an entry-level 
separation.  A separation will be described as an entry-level separation if processing is 
initiated while a member is in entry-level status, except when characterization under 
other than honorable condition is authorized under the reason for separation and is 
warranted by the circumstances of the case or when The Secretary of the Army, on a 
case-by-case basis, determines that characterization of service as honorable is clearly 
warranted by the presence of unusual circumstances involving personal conduct and 
performance of duty.  For Regular Army Soldiers, entry-level status is the first 180 days 
of continuous active duty or the first 180 days of continuous active duty following a 
break in service of more than 92 days of active military service. 
      d.  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.
      e.  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. 
 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.  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.  
      a.  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 based on 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.  
      b.  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)	 AR20160013268
	
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