ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 June 2019 DOCKET NUMBER: AR20160019623 APPLICANT REQUESTS: Reconsideration of an upgrade of his uncharacterized discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Forms 214 Certificate of Release or Discharge From Active Duty) * DD Form 2586 (Verification of Military Experience and Training) FACTS: 1. 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 AR20130010058 on 20 February 2014. 2. The applicant provides a DD Form 2586, dated 1 March 1993, outlining the training required for Army, Military Occupational Specialty (MOS) 91E, Dental Specialist and basic military training. The course descriptions and college credit recommendations for the training are provided per guidelines from the American Council on Education. 3. The applicant requests that his uncharacterized discharge be upgraded to honorable He states his DD Form 214 does not show an honorable discharge and the separation code is incorrect. The characterization is preventing him from acquiring a veteran’s administration loan and use of the Hazelwood act to attend college. He states he was told when he was discharged it would be characterized as honorable. He states if he had known otherwise, he would not have agreed to the discharge. He had planned to go back to school at the time of the discharge. He would like to know why he was told one thing verbally and then the paper work shows something different. He states he did not get into any trouble or cause any problems while serving on active duty. He was proud to be in the Army and served honorably. He feels his discharge should be honorable and his separation code should be changed to correspond with an honorable discharge. He served his country to the best of his ability and gave all he had to offer. 1. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 11 July 1991 b. In October 1991, he completed advanced individual training and he was awarded military occupational specialty 91E10 (Dental Specialist) c. On 8 January 1992, some 5 1/2 months into the applicant's service, his immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of chapter 11, Army Regulation (AR) 635-200, (Personnel Separations - Enlisted Personnel), for entry level status performance and conduct. d. On 8 January 1992, he acknowledged the separation action from the commander, he acknowledged his understanding that if the discharge action were approved, he would receive an entry level separation with uncharacterized service. He further made the following elections: * he did not desire to consult with counsel * he did not desire to make statements on his own behalf * he did not request a separation physical e. Subsequent to this acknowledgement, his immediate commander initiated separation action against him. He stated that further active service would be inappropriate because the Soldier’s record clearly indicates that further rehabilitative efforts would not produce the quality of Soldier desired by the Army. f. On 8 January 1992, the separation authority approved the discharge action under the provisions of Army Regulation 600-200, Chapter 11, due to "Entry Level Status Performance and Conduct" with an uncharacterized discharge. g. The applicant was discharged from active duty on 14 January 1992 under the provisions of chapter 11, AR 635-200. His DD Form 214 shows he was discharged under the provisions of chapter 11 of AR 635-200 with an uncharacterized discharge due to entry level status performance and conduct. He completed 6 months and 4 days of active service. It also shows he was awarded or authorized: * Army Service Ribbon * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Expert Badge (Hand Grenade) * 5. By regulation AR 635-200, the Army considers a separation an entry-level separation if processing is initiated while a member is in an entry-level status. During the first 180 days of continuous active military service, a member's service is under review. a. When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge. A general discharge is not authorized. b. The entry-level separation is given regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not derogatory. An uncharacterized character of service is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 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 that relief was not warranted. Based upon the applicant’s discharge being initiated within the first 180 days of military service and the regulatory guidance on enlisted separations, the Board found there was no evidence of an error or injustice which would warrant making a change to the applicant’s characterization of service. 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. 6/13/2019 X CHAIRPERSON Signed by: 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 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. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a (Honorable discharge), states an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier’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 (General discharge), states 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. c. Paragraph 11-1, states this chapter sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status. d. Paragraph 11-3, this policy applies to Soldiers who have completed no more than 180 days active duty on current enlistment by the date of separation. Soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline. 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. 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, 1. 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. 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.