ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 May 2020 DOCKET NUMBER: AR20170003873 APPLICANT REQUESTS: to change her uncharacterized discharge to general, honorable, or medical. 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. 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 she was discharged due to a medical condition which is not mentioned in his discharge orders. The original uncharacterized discharge has made it impossible for her to get back into the military. She wants to reenlist. Her father and mother were in the military. Her mother retired from the Army. She would like to continue the family tradition of serving in this great country. She also requests a waiver so she can continue to serve this great country. 3. Review of the applicant's service records shows: a. The applicant enlisted in the Regular Army on 23 September 2008. b. On 17 February 2009, the applicant’s immediate commander notified the applicant of his intent to initiate separation action against her under the provisions of chapter 11 of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations) due to entry-level performance and conduct. The immediate commander stated the applicant wrote a sworn statement indicating she refused to train. She stated she was not motivated and wanted to be discharged. The immediate commander recommended an entry-level separation. c. On 17 February 2009, the applicant acknowledged receipt of the separation notification in accordance with chapter 11 of AR 635-200. She waived consulting with counsel. She was advised by her commander of the basis for the contemplated action to separate her for entry level performance, the effects of this separation, the rights available to her, and the effects of any action taken by her in waiving her rights. She acknowledged she understood if the request for discharge were approved, she would receive an entry-level separation with uncharacterized service. d. Subsequent to the applicant's acknowledgement, the immediate commander initiated separation action against her in accordance with chapter 11 of AR 635-200. e. The separation authority waived the rehabilitation requirements and approved the applicant's discharge under the provisions of chapter 11, AR 635-200, and directed the applicant’s service be uncharacterized. Accordingly, the applicant was discharged on 26 February 2009. f. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) confirms she was discharged due to entry-level performance and conduct in accordance with chapter 11 of AR 635-200 with uncharacterized service. She completed 5 months and 4 days of creditable active military service. She was assigned Separation Code JGA and Reentry Code (RE 3. g. On 12 February 2020, the Army Discharge Review Board (ADRB) determined that she was properly and equitably discharged. The ADRB denied her petition for upgrade of the character of service. 4. Her service record contains no medical record and she provides none. 5. By regulation (AR 635-200), a separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when the characterization of under other than honorable condition is authorized or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. A general discharge is not authorized. a. During the first 180 days of continuous active military service, a member's service is under review. 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. An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and it is approved by the Secretary of the Army. b. 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/her character of service to be rated as honorable or otherwise. 6. By regulation (AR 635-5-1), Separation Code JGA is the correct code for Soldiers separating under the provisions of chapter 11 of AR 635-11 due to entry level performance and conduct. Separation Code JGA has a corresponding RE code 3. RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation but disqualification is waivable; they are ineligible unless a waiver is granted. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her record and length of service, the contents of her separation packet and the reason for her separation. The Board found no medical evidence in her records to support consideration of a medical separation and the applicant provided none. The Board found that the applicant did not complete required training, was not awarded an MOS and remained in an entry-level status at the time of her separation. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not 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 (AR) 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. a. 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 an entry-level status, except when the characterization of under other than honorable condition is authorized or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. 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. b. Chapter 11 sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status. It states when separation of a member in entry level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, the member normally will be separated per this chapter. This separation policy applies to enlisted members of the Regular Army who have completed no more than 180 days active duty on current enlistment by the date of separation have demonstrated that they are not qualified for retention for one or more of the following reasons: Cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or failed to respond to counseling. 3. AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve. Table 3-1 includes a list of the RE codes. * RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; they are qualified for enlistment if all other criteria are met * RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation but disqualification is waivable; they are ineligible unless a waiver is granted 4. AR 635-5-1 (Separation Program Designator (SPD) Codes) states SPD codes are three-character alphabetic combinations that identify reasons for and types of separation from active duty. The SPD code JGA is the correct code for Soldiers separating under the provisions of AR 635-200, chapter 11 for entry level performance and conduct. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. The cross reference table in effect at the time of her discharge shows the SPD code JGA has a corresponding RE code 3. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20160017590 5 1