ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  18 April 2019

	DOCKET NUMBER:  AR20160017081


APPLICANT REQUESTS:  in effect, correction of her DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to show she was honorably discharged.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552)

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 enlisted in the Regular Army on 26 July 2000.  She entered active duty 
for the purpose of completing her initial entry training; however, her record indicates she 
did not complete her initial entry training.

3.  DA Forms 4856 (General Counseling Form) show the applicant was counseled for 
infractions/misconduct on the following occasions for:

*	on 27 November 2000, for missing formation, on or about 27 November 2000
*	on 27 December 2000, for her statements of depression
*	on 27 December 2000, being absent without leave (AWOL), on or about  
26 November 2000

4.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 28 December 2000, 
shows the applicant was diagnosed with adjustment disorder with mixed disturbance of 
emotions and conduct.  She was determined to be mentally responsible for participation 
in command proceedings.

5.  The applicant's immediate commander notified the applicant on or about 9 January 
2001 that he was initiating actions to separate her under the provisions of Army 
Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 11, for entry 
level status performance.  The specific reason stated was the applicant’s adjustment 
disorder with mixed disturbance of emotions and conduct.

6.  The applicant acknowledged receipt of the separation notification on 17 January 
2001.  She requested representation by counsel but elected not to make any 
statements in her own behalf.

7.  The applicant accepted non-judicial punishment on 18 January 2001, under the 
provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), for being absent 
without leave (AWOL) from on or about 27 November through on or about  
27 December 2000.

8.  The applicant's commander formally recommended, on 18 January 2001, the 
applicant's separation under the provisions of Army Regulation 635-200, Chapter 11.  
The separation authority approved the recommended action and directed the issuance 
of an entry level separation.

9.  The applicant was discharged on 30 January 2001, under the provisions of Army 
Regulation 635-200, Chapter 11.  The DD Form 214 (Certificate of Release or 
Discharge from Active Duty) she was issued shows she completed 6 months and 
5 days of net active service and her service was uncharacterized.

10.  Soldiers are considered to be in an entry-level status when they are within their first 
180 days of active duty service.  The evidence of record shows the applicant was in an 
entry-level status at the time her separation processing was initiated.

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.  In addition, her misconduct does not 
warrant the requested relief.



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 635-200, in effect at the time, sets policies, standards, and 
procedures to insure the readiness and competency of the force while providing for the 
orderly administrative separation of Soldiers for a variety of reasons.

	a.  Chapter 3 states a separation will be described as entry level with 
uncharacterized service if the Soldier has less than 180 days of continuous active duty 
service at the time separation action is initiated.

	b.  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.

	c.  Paragraph 3-7b states a general discharge is a separation from the Army under 
honorable conditions.  When authorized, it is issued to Soldiers whose military record is 
satisfactory but not sufficiently meritorious to warrant an honorable discharge.

	d.  Chapter 11 provides for the separation of personnel because of unsatisfactory 
performance or conduct (or both) while in an entry-level status.  When separation of a 
Soldier in an entry-level status is warranted by unsatisfactory performance or minor 
disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or 
failure to adapt to the military environment, he or she will normally be separated per this 
chapter.  Service will be uncharacterized for entry-level separation under the provisions 
of this chapter.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160017081

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