ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  28 August 2019

	DOCKET NUMBER:  AR20170005205


APPLICANT REQUESTS: 

*	upgrade of his uncharacterized discharge to an honorable 
*	upgrade of his reentry code (RE) from RE 3 to RE 1
*	personnel appearance before the Board

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 he is requesting that his reentry code be upgraded from 03 to 
01 and to upgrade his uncharacterized discharge to an honorable.  He was not aware of 
the available rehabilitation options he could have participated in.  He also felt he was 
placed into a military occupational specialty (MOS) that was not fitting to his skill set.  At 
the time of his discharge, he was young and immature and now wished to serve in 
some capacity.

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

a.	He enlisted in the United States Army Reserve (USAR) on 18 May 2001.

   b.	 He entered active duty on 23 February 2002 to attend Basic Combat Training 
and Advanced Individual Training.

   c.	On 12 June 2002, he was schedule for reclassification from MOS 91V 
(Respiratory Specialist) to MOS 91T (Animal Care Specialist), due to academic failure.

   d.	He accepted non-judicial punishment on 13 July 2002, for unlawfully head-butting 
another enlisted Soldier and repeatedly striking him with his fist and wrongfully using 
cocaine, a controlled substance.  His punishment included reduction to the grade of 
Private (PVT)/E-1.

   e.	The complete facts and circumstances surrounding the discharge of the applicant 
are not available for the Board to review.

   f.	However, he was discharge from active duty on 9 September 2002, with an 
uncharacterization of service, under the provisions of Army Regulation (AR) 635-200, 
Chapter 11 (Entry Level Performance and Conduct).  His DD Form 214 (Certificate of 
Release or Discharge from Active Duty) shows he completed 6 months and 27 days of 
net active service.

4. The applicant's service record is void of evidence that shows he applied for a 
discharge upgrade with the Army Discharge Review Board within 15 years of the 
separation.

5.  By regulation 635-200 (Personnel Separations – Enlisted Personnel) applies to 
members who; (1) were voluntarily enlisted in the RA, Army National Guard, U.S. Army 
Reserve.  (2) Are in entry level status and before the date of the initiation of separation 
action have completed no more than 180 days of continuous active duty or individual 
active duty for training or no more than 90 days of phase II under a split or alternate 
training option.  (3) Have demonstrated that they are not qualified for retention.  The 
following conditions are illustrations of conduct that does not quality for retention; (a) 
cannot or will not adapt socially or emotionally to military life.  (b) Cannot meet the 
minimum standards prescribed for successful completion of training because of lack of 
aptitude, ability, motivation or self-discipline.  (c) Have demonstrated character and 
behavior characteristics not compatible with satisfactory continued service.  (d) Have 
failed to meet body fat standards after application of the procedures specified in 
AR 600-9.  (4)  Have failed to respond to counselling.

6.  By regulation 15-185 (ABCMR), applicants do not have a right to a hearing before 
the ABCMR.  The Director of the ABCMR may grant a formal hearing whenever justice 
requires.

7.  The Board should consider the applicant’s petition and his service record in 
accordance with the published equity, injustice, or clemency determination guidance.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, to include the DoD 
guidance on liberal consideration when reviewing discharge upgrade requests, the 
Board determined that they could reach a fair and equitable decision in the case without 
a personal appearance by the applicant.

Additionally, the Board also determined that relief was not warranted.  Based upon a 
review of the record, the Board found insufficient evidence to show that the applicant 
ever successfully graduated from AIT and obtained a military occupational specialty.  
Additionally, with his separation being initiated within the first 180 days of military 
service, along with the failure to graduate AIT, the Board concluded that the proper 
discharge characterization was uncharacterized and that no relief was warranted.

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 Separation – Enlisted Personnel), in 
effect at the time, set forth the basic authority for the separation of enlisted personnel.

   a.	 Chapter 11 (Entry Level Performance and Conduct) sets policy and provides 
guidance for the separation of Soldiers because of unsatisfactory performance and/or 
conduct while in entry level status.

   b.	 Paragraph 11-3a states applies to members who; (1) were voluntarily enlisted in 
the RA, Army National Guard, U.S. Army Reserve.  (2) Are in entry level status and 
before the date of the initiation of separation action have completed no more than 180 
days of continuous active duty or individual active duty for training or no more than 90 
days of phase II under a split or alternate training option.  (3) Have demonstrated that 
they are not qualified for retention.  The following conditions are illustrations of conduct 
that does not quality for retention; (a) cannot or will not adapt socially or emotionally to 
military life.  (b) Cannot meet the minimum standards prescribed for successful 
completion of training because of lack of aptitude, ability, motivation or self-discipline.  
(c) Have demonstrated character and behavior characteristics not compatible with 
satisfactory continued service.  (d) Have failed to meet body fat standards after 
application of the procedures specified in AR 600-9.   (4)  Have failed to respond to 
counselling.  Entry level separation uncharacterized is used for separation under the 
provisions of this chapter.
   
   c.	Paragraph 3-7a (Honorable Discharge), states 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.  AR 15-185 (ABMCR) states ABCMR members will review all applications that are 
properly before them to determine the existence of an error.  The ABMCR will decide 
cases on the evidence of record.  It is an investigative body.  The ABCMR may, in its 
discretion, hold a hearing.  Applicants do not have a right to a hearing before the 
ABCMR.  The Director or the ABMCR may grant a formal hearing whenever justice 
requires.  

4.  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)	 AR20170005205

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