ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  4 September 2019

	DOCKET NUMBER:  AR20170003999


APPLICANT REQUESTS: upgrade of his uncharacterized discharge to honorable

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Records)
*	request to congress
*	red cross message
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 he was discharged because his wife had to have surgery that 
was going to make her legally blind and unable to take care of their two small children. 
He had to return home.  He was not discharged because of performance and 
misconduct.  

3.  The applicant provides:

	a.  His request to Congressman X___, dated 16 December 2016, states he was 
discharged from the Arkansas National Guard (NG) because his wife’s doctor sent a 
Red Cross letter stating that his wife had to have surgery.  The Army discharged him 
with an uncharacterized discharge, which is not bad but seems to prevent him from 
being a police officer or getting any government jobs.  Due to the circumstances of his 
discharge, he thinks he should have received an honorable discharge.

	b.  Red Cross message, unknown date, from Mr. X___ states service member’s 
spouse requests presence due to scheduled surgery on 2 December, verified by X___.  
Diagnosis is shingles, high blood pressure resulting in venous occlusion of the left eye 
meaning central vein is blocked.  Prognosis left eye removal.  Current condition stable.  
Life expectancy is normal with surgery.  Doctor recommends presence as patient 
cannot care for two small children and will be considered legally blind upon completion 
of operation.  Service member is aware.

4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army (RA) on 13 September 1995.  His DD Form 214 
shows he was discharged from the RA on 5 February 1996 in accordance with (IAW) 
chapter 11, Army Regulation (AR) 635-200 (Personnel Separation-Enlisted Personnel), 
entry level performance and conduct with an uncharacterized character of service.

	b.  His DD Form 214 shows he enlisted in the Army NG on 13 November 2001.

	c.  The complete facts and circumstances surrounding his discharge from the NG 
are not available for review with this case for the Board to review.

	d.  On 11 December 2001, his DD Form 214 shows he was discharged from the NG.  
He was discharged IAW chapter 11, AR 635-200, entry level performance and conduct 
with an uncharacterized character of service.  He completed 29 days of active service 
this period.  His DD Form 214 also shows he did receive an award:

5.  There is no evidence the applicant has applied to the Army Discharge Review Board 
for review of his discharge within that board's 15-year statute of limitations. 

6. By regulation, AR 635-200,

	a.  An uncharacterized separation will be described as entry-level with service 
uncharacterized if processing is initiated while a Soldier is in entry-level status.

	b.  Chapter 11 provided for the separation of personnel due to unsatisfactory 
performance or conduct, or both, while in an entry level status.  

7.  In reaching its determination, the Board can consider the applicant’s petition and his 
service record in accordance with the 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 governing regulation provides that a separation 
will be described as an entry-level separation, with service uncharacterized, if the 
separation action is initiated while a Soldier is in entry-level status.  As such, his 
DD Form 214 properly shows his service as uncharacterized.

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 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 (AR) 635-200 (Personnel Separations – Enlisted Personnel), in 
effect at the time, set forth the basic authority for the separation of enlisted personnel.  

   a.  Paragraph 3-7a, 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.

   b.  Paragraph 3-7b, 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 3-7c, a discharge under other than honorable conditions is an 
administrative separation from the service under conditions other than honorable. It may 
be issued for misconduct, fraudulent entry, homosexuality, security reasons, or for the 
good of the service.

	d.  Paragraph 3-9, uncharacterized separations, will be described as entry-level with 
service uncharacterized if processing is initiated while a Soldier is in entry-level status.

	e.  Chapter 11 provided for the separation of personnel due to unsatisfactory 
performance or conduct, or both, while in an entry level status.  This provision of regulation 
applied to individuals who had demonstrated that they were not qualified for retention 
because they could not adapt socially or emotionally to military life, or because they lacked 
the aptitude, ability, motivation, or self-discipline for military service, or they had 
demonstrated characteristics not compatible with satisfactory continued service.  The 
separation policy applied to Soldiers who could not meet the minimum standards 
prescribed for successful completion of training because of lack of aptitude, ability, 
motivation, or self-discipline.  The regulation required an uncharacterized description of 
service for separation under this chapter.

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, 
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)	AR20170003999

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