ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:        9 April 2019

	DOCKET NUMBER:  AR20160019139


APPLICANT REQUESTS:  In effect, her uncharacterized discharge be upgraded to an honorable discharge.

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)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Department of Veterans Affairs (VA) letter of service

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 states she was upgraded from uncharacterized to honorable, as shown on the VA letter she provides.

3.  The applicant enlisted in the U.S. Army Reserve on 15 October 1997 and was ordered to initial active duty for training (IADT) on 18 November 1997.

4.  On a DA Form 4856 (General Counseling Form), dated 21 November 1997, the applicant stated she was depressed and wanted to go home.

5.  On a DA Form 4856, dated 13 December 1997, the applicant was notified of her unit commander's recommendation that she be separated under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11.  The reason for the recommendation was that the profile the applicant was on would prevent her from meeting basic training requirements and she would not be able to complete training in time to meet the mandatory start date of her civilian job. 

6.  On a DA Form 4856, dated 24 January 1998, the unit commander again notified the applicant of his recommendation for her separation.  The reasons given on this form were her failure to qualify with the M-16 rifle and refusal to be re-started.  The applicant stated that a new start was being declined.  She was returning to work and needed to be with her children.  The new start would cause great hardship.

7.  A formal notification of intent to separate the applicant under Army Regulation 
635-200, chapter 11, Entry Level Status Performance and Conduct, was completed on 24 January 1998.

8.  The applicant acknowledged the separation recommendation and waived her right to consult with counsel and to submit any statement on her own behalf.  She acknowledged that she would receive an entry level separation with an uncharacterized discharge.

9.  The appropriate authority approved the separation recommendation on 27 January 1998, under the provisions of Army Regulation 635-200, chapter 11, and directed the applicant be issued an Uncharacterized Discharge.

10.  The applicant was discharged on 3 February 1998.  The DD Form 214 issued shows she was discharged under the provisions of Army Regulation 635-200, 
chapter 11, Entry Level Status Performance and Conduct, and her service was uncharacterized.  Her DD Form 214 further shows she completed 2 months and 16 days of creditable service and had not been awarded a military occupational specialty. 

11.  The applicant has not provided and her record does not contain any evidence that shows her characterization of service was officially reviewed and changed.

12.  The VA letter provided by the applicant shows the VA considered her to have been honorably discharged from the U.S. Armed Forces, having served on active duty from 18 November 1997 through 3 February 1998 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was not warranted.  Based upon the administrative separation of the applicant being initiated within the first 180 days of service, the Board found that the characterization of service received at the time of discharge was appropriate.  The Board acknowledged the VA letter provided by the applicant, but wanted to instruct the applicant that correspondence or decisions by other government departments do not impact decisions or findings within the Department of the Army and, in the opinion of the Board, her current DD214 accurately depicts the characterization of service warranted.  



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 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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The 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.

3.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  

	a.  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.

	b.  Paragraph 3-7b provides that 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.

	c.  Chapter 11 provides for the separation of personnel in an entry level status for unsatisfactory performance or conduct as evidenced by inability, lack of reasonable effort, or a failure to adapt to the military environment.  These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty.  An uncharacterized separation is mandatory under this chapter.


ABCMR Record of Proceedings (cont)	 AR20160019139
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