ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 May 2019

	DOCKET NUMBER:  20160019668


APPLICANT REQUESTS: 

* an upgrade of his uncharacterized discharge to an honorable discharge
* correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of basic combat training (BCT)
* correction of his DD Form 214 to show private (PV2)/E-2 vice PVT/E-1
* award of the Army Service Ribbon and National Defense Service Medal

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Basic Combat Training (BCT) Completion Certificate
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Excerpt of Army Regulation (AR) 15-185 (Army Board for Correction of Military Records)
* Letter to Senator Hatfield from the Office of the Inspector General (IG)

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.  The applicant requests that his uncharacterized discharge be upgraded to honorable.  He states that his separation indicates an uncharacterized separation and does not reflect his successful completion of basic training or his service decorations.  His record should reflect the Army Service Ribbon and the National Defense Service Medal.  He did not understand why he did not receive E-2 status after the completion of 6 months of Army service.  He believes his record should be corrected to indicate the grade of E-2 at separation.  At the time of his separation, he had requested the assistance of his United States Senators and his Representative to Congress.  Allegations of improper command actions, violation of recruitment contracts in the award of military occupational specialty (MOS), and other matters were investigated and substantiated by U.S. Army Colonel JVC.  This correspondence was forwarded to his state members of the House and Senate.  The unit operations noncommissioned officer threatened Soldiers seeking the assistance of the Inspector General (IG) and that his MOS was improperly reclassified as a result of the denial of his platoon sergeant to allow the opportunity to meet with appropriate members within the chain of command.  He was not allowed to select from an available MOS upon his unsuccessful completion of airborne training.  He was denied due process during reclassification from his entry MOS and these improprieties are the reason his separation reflects uncharacterized service.

3.  A review of the applicant's service records shows: 

	a.  He enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) for an 8-year statutory obligation on 24 February 1995.  

	b.  He was discharged from the DEP on 3 April 1995 and enlisted in the Regular Army for 4 years and 28 weeks (contractual obligation) on 4 April 1995.  His enlistment contract shows he enlisted in the rank/grade of PVT/E-1, and for the U.S. Army Training Enlistment Program in MOS 37F (Psychological Operations Specialist). 

	c.  On 10 July 1995, Headquarters, U.S. Army Infantry Center published Orders number 191-418 awarding him the Parachutist Badge effective 21 July 1995 (on completion of training).  The order listed his rank as PVT/E-1.

	d.  The complete facts and circumstances surrounding the applicant’s discharge are unavailable for the Board to review.  However, his record contains his DD Form 214.

	e.  The applicant's DD Form 214 shows the applicant was discharged from Active duty on 10 October 1995 under the provisions of chapter 11 of Army Regulation (AR) 635-200 (Personnel Separations Enlisted Personnel) due to "Entry Level Performance and Conduct."  He was assigned Separation Program Number JGA (Entry level status performance and conduct), his service was uncharacterized.  His DD Form 214 shows, at the time of separation: 

* his rank/grade was PVT/E-1 and his date of rank as 4 April 1995
* he completed 6 months and 7 days of creditable active military service
* he did not complete full term of service and he was not awarded an MOS
* he was not awarded any awards or decoration
* he did not complete any military education

4.  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. 

5.  Army Regulation 635-5 (separation Documents) provided for the preparation and distribution of the DD Form 214.  By regulation:

* item 4a, enter the grade in which serving at the time of separation, indicating whether permanent or temporary 
* item 4b, enter the date of rank for the grade shown in item 4a
* item 14, list in-service training courses; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations; this information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed 

6.  Army Regulation 600-8-22 (Military Awards) sets forth the basic authority for the award of the Army Service Ribbon (ASR) paragraph 5-5d and the National Defense Service Medal (NDSM) paragraph 2-10 as:

* The ASR is awarded to Soldiers upon successful completion of their initial MOS producing course
* The NDSM is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961 and 14 August 1974, both dates inclusive, and 2 August 1990 to a date to be determined

7.  In reaching its determination, the Board can consider the applicants’ petition in her service record in accordance with published equity, injustice, or clemency determination guidance

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The applicant’s contentions were carefully considered.  The applicant completed basic training.  Regulatory guidance during his period of service did not provide for the listing of BCT in the military education block of the DD Form 214.  The records shows he did not complete initial entry training and was therefore not awarded an MOS.  Regulatory guidance provides the ASR is awarded after members complete MOS training.  Regulatory guidance provides PVT/E-1s are automatically promoted to the rank of PV2/E-2 after 6 months of time in service if eligible for promotion.  The record shows a separation action was initiated prior to his obtaining 180 days of service.  Therefore, the Board concluded he was not eligible for promotion and was most likely flagged during the separation process.  He subsequently received an uncharacterized character of service since the separation action initiated while he was considered entry level status.  Regulatory guidance provides the NDSM is awarded to personnel for honorable Active service during specific timeframes.  His service was uncharacterized, not honorable, and therefore, he is not eligible for the award.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:xx	xx	xx	:GC	:DB	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.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel.  

	a.  Paragraph 3-9a(1), states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.

	b.  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.  An uncharacterized description of service was required for separation under this chapter.   Chapter 3 describes the different types of characterization of service.  It states 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:

		(1)  Characterization under other than honorable condition is authorized under the reason for separation, and is

		(2)  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. 

	c.  Paragraph 3-7a (Honorable Discharge) an honorable discharge is a separation with honor.  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.

3.  Army Regulation 635-5 (Separation Documents) provided for the preparation and distribution of the DD Form 214.


4.  Army Regulation 600-8-22 (Military Awards) states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.   

5.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

6.  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, 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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	20160019668


6


1