ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 May 2019 DOCKET NUMBER: AR20170001509 APPLICANT REQUESTS: a change to the narrative reason for separation APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * (electronic) DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * DD Form 214 (Certificate of Release of Discharge from Active Duty) * Discharge Orders #179-0315 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 states, in effect, his unit did not properly execute the discharge procedures, as there were no negative counseling statements to support an unsatisfactory performance discharge. In addition, he did not take part in any board action or hearing and his military records he received from the National Processing Records Center in St. Louis did not contain discharge-related paperwork. His separation order only provided out-processing instructions, not the reason for his discharge. 3. The applicant provides a copy of his discharge orders reassigning him to the Fort Polk transition center, with a reporting date of 8 July 2013. 4. A review of the applicant's service record shows: a. He entered active duty on 12 March 2012. b. The complete facts and circumstances surrounding his separation are not available for review. His DD Form 214 reflects he was discharged from active duty on 8 July 2013, under the provisions of Army Regulation 635-200 (Personnel Separations - a. Enlisted Personnel), chapter 13, unsatisfactory performance, with a characterization of service of honorable. He completed 1 year, 3 months, and 27 days of active service. The DD Form 214 also shows in: * Item 26 (Separation Code) - JHJ * Item 27 (Reentry Code) - 3 * Item 28 (Narrative Reason for Separation) - Unsatisfactory Performance 5. Soldiers separated under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separation), chapter 13, unsatisfactory performance, are assigned the Narrative Reason for Separation as "unsatisfactory performance." 6. The Board should consider the applicant's submissions in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board found there to be insufficient evidence to show an error or injustice which would warrant making a change to the narrative reason for separation. The Board concluded that the current narrative reason depicted on the applicant’s DD Form 214 accurately reflects the facts and circumstances leading to the discharge. 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. 5/30/2019 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 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 13 of this regulation provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely. Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.