ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 October 2019 DOCKET NUMBER: AR20160019498 APPLICANT REQUESTS: to change the following items on her DD Form 214 (Certificate of Release or Discharge from Active Duty): * Item 24 (Character of Service), change her character of service to honorable * Item 28 (Narrative Reason for Separation), change the reason for separation * add active duty time served at her reserve unit on her DD Form 214 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 (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, in effect, a. Her time in an active duty status, working orders for her reserve unit, is not listed on her DD Form 214. She states she worked a few months under Captain X___ in 2004 through 2005 and her DD Form 214 does not reflect this time, thereby making her ineligible to receive benefits. b. She was previously enlisted and her DD Form 214 shows she was discharged for failure to adapt and for a pre-existing mental condition. She states she was discharged for stress fractures in her legs. Lastly, she adds her DD Form 214 does not show her active dates for reserve drills attended. 3. A review of the applicant’s service record shows: a. She enlisted in the United States Army Reserves (USAR) for 8 years on 19 October 2002. b. She entered active duty for initial entry training at Fort Leonard Wood, MO, on 4 June 2003. c. Her service record was void of the circumstances surrounding her training performance. However, on 2 July 2003, results of the mental evaluation indicated: (1) The applicant appeared to show signs of anxiousness and depression at the time. (2) The applicant manifested disturbances of perception, thinking, emotional control or behavior sufficiently severe that her ability to effectively perform military duties was significantly impaired. (3) There was no indication that her disorder had been aggravated by her short period of active duty. (4) The condition was not amendable to rehabilitation while in initial training and did not amount to a disability. The applicant was not recommended to train with weapons and was recommended to be removed from training. (5) The command was advised they may anticipate the applicant may display problems with unreliability in stressful situations, minimal potential for soldiering, and depression and anxiety. (6) In block 9 reflects another Soldier’s name on the applicant’s evaluation, PFC X___. d. On 14 July 2003, the applicant was notified by her immediate commander of the intent to separate her under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 5-17 (Other designated physical or mental conditions) and she acknowledged. The reason indicated for the proposed action was for emotional control and behavioral problems incompatible with military service. She was advised of her rights to consult with counsel and the option to submit a statement on her behalf. The applicant acknowledged receipt of the notification the same day, waived her rights, and did not provide a statement or rebuttal. e. Her immediate commander recommended her for separation under the provisions of AR 635-200, chapter 5-17, for other designated physical or mental conditions. f. The applicant’s service record was void of documentation indicating she had been diagnosed and/or treated for stress fractures in her legs. g. The separation authority approved the recommendation to discharge the applicant from the U.S. Army under the provisions of AR 635-200, chapter 5-17 and ordered that she be issued an Entry Level Separation (Uncharacterized). h. Orders 197-0361, dated 16 July 2003, issued by Headquarters, U.S. Army Maneuver Support Center and Fort Leonard Wood, MO, discharged the applicant from the USAR on 17 July 2003. i. Her DD Form 214, shows the applicant was discharged on 17 July 2003. She completed 1 month and 14 days of active duty for training with no lost time. The DD Form 214 also shows: * Item 24 (Character of Service), shows she received an uncharacterized discharge * Item 28 (Narrative Reason for Separation), shows her reason for separation was due to a physical condition, not a disability j. The applicant enlisted in the USAR again for 8 years, on 7 July 2004, as a result of an approved medical waiver per DD Form 1966/4 (Record of Military Processing – Armed Forces of the United States), Section VI (Remarks). k. DA Form 5016 (Chronological Statement of Retirement Points), dated 25 April 2017 shows the applicant received a total of 62 active duty points during the period of 7 July 2004 through 27 April 2005. The active duty and inactive duty the applicant referenced to have been performed during 2004 to 2005 occurred after her DD Form 214, period ending 17 July 2003, was issued. 4. By Regulation (AR 135-180 (Qualifying Service for Retired Pay Non-regular Service)), in part, a credit of 1 day will be given for each point for active duty on a computation of service document. 5. By regulation (AR 635-200), Soldiers in an entry level status and all applicants for enlistment will be counseled that they may be separated should it be determined that they are unqualified for further military service by reason of conditions included, in part, to other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier’s ability to effectively perform military duties is significantly impaired. When it is determined that an ARNGUS or USAR Soldier is unqualified for further military service, the immediate commander will advise the Soldier in writing of the proposed separation and reason. The service of Soldiers separated under this status will be described as uncharacterized. 6. By regulation (AR 635-5, (Personnel Separations – Separation Documents), a DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation further states, in part: a. A DD Form 214 will be prepared for reserve component (RC) Soldiers completing 90 or more days of active duty for special work (ADSW), temporary tours of active duty TTAD) or Active Guard Reserve (AGR) service. b. Character of Service, enter, in part, characterization or description of service is determined by directives authorizing separation. Enter uncharacterized as applicable. c. Narrative Reason for Separation, enter, in part, based on regulatory or other authority. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined relief was not warranted. Based upon the applicant only successfully serving for 36 days prior to discharge and failing to obtain a military occupational specialty, the Board concluded that the current characterization of service was warranted and there was insufficient evidence of an error or injustice which would warrant making a change to the service characterization. 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. 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. AR 135-180, provides in part, a credit of 1 day will be given for each point for active duty on a computation of service document. 3. AR 635-200: a. Paragraph 5-1, provides, in part, unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of uncharacterized description of service if in entry-level status. a. Paragraph 5-17, provides commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability and excluding conditions appropriate for separation processing that potentially interfere with assignment to or performance of duty. Such conditions include, in part, other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier’s ability to effectively perform military duties is significantly impaired. 4. AR 635-5, provides a DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation further states, in part, a DD Form 214 will be prepared for reserve component (RC) Soldiers completing 90 or more days of active duty for special work (ADSW), temporary tours of active duty TTAD) or Active Guard Reserve (AGR) service. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20160019498 5 1