ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 30 July 2019 DOCKET NUMBER: AR20170004727 APPLICANT REQUESTS: her characterization be changed from uncharacterized to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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, at the time she served, she was unable to adjust to military life. She did not complete her full term of service and was issued an uncharacterized discharge which has prevented her from advancing in her adult career. The label of the discharge deters employment opportunities and projects an unfavorable employee. She believe the injustice of an uncharacterized discharge has made it difficult for her to move forward in her career due to not wanting to disclose her prior employment as per law. 3. A review of the applicant’s service record shows the following: a. She enlisted in the Regular Army on 9 August 2000. b. On 23 January 2001, the applicant was counseled for her failure to adapt to a military lifestyle, and a recommendation for separation under chapter 11, Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel). She was acknowledged on 24 January 2001 and was advised of the following: * She could receive an uncharacterized separation if within the 180 days of continuous active duty service * She may forfeit contributions to her GI Bill education program * She could expect to encounter substantial prejudice in civilian life if a general or other than honorable discharge was issued * She may lose eligibility for veterans benefits c. On 29 January 2001, the applicant’s immediate commander notified her of the initiating action for separation under the provisions of AR 635-200, chapter 11. The reason for his proposed action was due to the applicant’s failure to adapt to the military environment. The applicant was informed the final decision rests with the separation authority, and if approved she will receive an entry level separation with an uncharacterized discharge. She was advised of her rights to: * Consult with military counsel and/or civilian counsel * Submit statements on her own behalf * Obtain copies of documents sent to the separation authority * Waive her rights in writing, and withdraw of such waiver prior to date the separation authority orders, directs, or approves the separation d. On 29 January 2001, the applicant acknowledged/declined legal counsel: * Receipt of the notification with the recommendation for separation * The basis for the contemplated action to separate her * The opportunity to consult with counsel, but declined the opportunity * She did not submit statements on her own behalf * Understood she would receive an entry level separation with an uncharacterized discharge e. On 29 January 2001, the separation authority reviewed and approved the separation with issuance of an uncharacterized discharge. f. Orders 031-1211, published by Headquarters, United States Army Training Center and Fort Jackson, Fort Jackson, South Carolina, on 31 January 2001, shows the applicant was reassigned to the transition point for separation processing g. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was issued an uncharacterized discharge on 5 February 2001 in accordance with chapter 11 of AR 635-200 for her entry level performance and conduct. She served 5 months and 27 days. 4. The applicant's record is void of evidence that shows she applied for a discharge upgrade with the Army Discharge Review Board within 15 years of the separation. 5. By regulation, AR 635-200, Soldiers are subject to separation under the provisions of chapter 11 due to unsatisfactory performance and/or conduct while in an entry-level status. 6. 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 uncharacterized if the applicant’s separation is initiated within the first 180 days of active duty service. 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, sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Paragraph 3-7 (Types of administrative discharges/character of service) provides that 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 3-9 (Uncharacterized separations) provides that a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status. c. Paragraph 11-2 provides that the basis for separation of a Soldier in an entry level status may be warranted on the grounds of unsatisfactory performance and/or unsatisfactory conduct as evidenced by: * Inability * Lack of reasonable effort * Failure to adapt to the military environment * Minor disciplinary infractions 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. ABCMR Record of Proceedings (cont) AR20170004727 2 1