ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	BOARD DATE:  31 October 2019

	DOCKET NUMBER:  AR20170006453


APPLICANT REQUESTS:  corrections be made to Item 24 (Character of Service) 
from uncharacterized to honorable on his DD Form 214 (Certificate of Release or 
Discharge from Active Duty).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 293 (Application for the Review of Discharge from the Armed Forces of the 
United States)

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 (ABCMR) 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, he believe that his discharge was rushed and he 
was pushed out without making an informed decision.  Knowing the repercussions of 
this discharge he has been unfairly prevented him from getting the job he seeks.

3.  A review of his service records shows:

	a.  He enlisted in the United States Army Reserve (USAR) on 19 September 
2014.

	b.  On 7 January 2015, he was counseled for violation of the basic 
obligations/duties required of each Soldier, lack of discipline, disregard for all the 
Army Core Values, and propose separation under Chapter 11(Separation of a 
Soldier in Entry Level Status)  The applicant states in Part III (Summary of 
Counseling) of his DA Form 4856 (Development Counseling Form) he refuses to 
train because of family hardship and being single out by his platoon.

	c.  On 8 January 2015, he received an mental health evaluation by an Behavioral 
Health Provider, using DA Form 3822 (Report of Mental Status Evaluation).  The 
provider states it is the professional opinion of the undersigned that this service 
member will not respond to command efforts at rehabilitation (such as transfer, 
disciplinary action or reclassification), or to any behavioral health treatment methods 
currently available in the military.  Soldier was doing well in Basic Combat Training 
(BCT) but received a call from his mother and she would like him to return home as 
it pertains to family issues at home and in Bulgaria.  As a result the Soldier, has 
refused to train.  Soldier was in week 4/9 of basic combat training.  Provider is 
recommending a routine Chapter 11 (Separation of a Soldier in Entry Level Status).  
Soldier is not requesting any services and will follow up as needed.

	d.  On 15 January 2015, he was counseled for refusal to train, refusal to follow 
instructions, refusal to obey a direct order, disregard for the Army Core Value of 
Honor, Integrity, Respect, Duty, and recommendation for Uniformed Code of Military 
Justice (UCMJ) actions.  The applicant states in Part III (Summary of Counseling) of 
his DA Form 4856 (Development Counseling Form) he decided to quit the Army.  He 
does not feel that he will be a good Solider.  He does not wish to continue further 
with training.  He also have encountered multiple issues with his platoon and he 
does not feel like he fit the military lifestyle.  In addition, he also have serious family 
hardships.
	
   e.  On 23 January 2015, he accepted nonjudicial punishment (NJP) under the 
provisions of Article 15, on or about 7 January 2015, disobey a lawful order from an 
noncommissioned officer (NCO).  

	f.  On 27 January 2015, his commander initiated separation action under the 
provisions of Army Regulation (AR) 635-200 (Personnel Separations - Active Duty 
Enlisted Administrative Separations), paragraph 11-2b (Separation of a Soldier in 
Entry Level Status), with an uncharacterized character of service.

   g.  On 27 January 2015, he acknowledged receipt of initiate action to separation 
him from the Army under the provisions of Chapter 11, AR 635-200. 

   h.  On 27 January 2015, he was advised by his consulting counsel of the basis 
for the contemplated action to separate him from the Army, under AR 635-200, 
Chapter 11, and its effects; of the rights available to him; and the effect of any action 
taken by him in waiving his rights.  He has been afforded the opportunity to consult 
with an appointed counsel, a military counsel of my choice or a civilian counsel at his 
expense.  He declined.

	i.  On 27 January 2015, his chain of command recommended under the 
provisions of AR 635-200, Chapter 11, that he be separated from the Army prior to 
the expiration of his term of service with an uncharacterized character of service.

	j.  On 30 January 2015, the approval authority approved separation from the 
Army prior to the expiration of his current term of service, under the provisions of 
AR 635-200, Chapter 11, for entry level performance and conduct.  Soldier's service 
will be uncharacterized
	k.  On 14 February 2015, the applicant was discharged under the provisions of 
AR 635-200, chapter 11.  His DD Form 214 gives credit for 3 month and 3 days of 
active service.  His character of service is uncharacterized with entry level 
performance and conduct listed for narrative reason for separation.  Block 11 
(Primary Specialty) is none.

4.  On 22 December 2016, the Army Discharge Review Board (ADRB), after careful 
consideration of his military records and all other available evidence, has determined 
that he was properly and equitably discharged.  Accordingly, the ADRB denied his 
request for a change in the character and/or reason of his discharge.

5.  By regulation (AR 635-200), the Army considers a separation an entry-level 
separation if processing is initiated while a member is in an entry-level status.  
During the first 180 days of continuous active military service, a member's service is 
under review. 

	a.  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.  A general discharge is not authorized.

	b.  The entry-level separation is given regardless of the reason for separation. 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 or her character of service to be rated as honorable or otherwise

6.  In reaching its determination, the Board can consider the applicant's petition, his 
service record, and his statements in light of the published guidance on equity, 
injustice, or clemency.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  In reaching its determination, the Board did consider the 
applicant's petition, his service record, and his statements in light of the published 
guidance on equity, injustice, or clemency.  Based upon the short term of honorable 
service completed prior to a pattern of misconduct, the Board concluded that the 
characterization of service received at the time of separation was appropriate.


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 635-200 (Active Duty Enlisted Administrative Separations), sets 
forth the basic authority for the separation of enlisted personnel.  

	a.  Paragraph 3-7a (Honorable discharge) states 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.  AR 635-200, paragraph 3-9 provides a separation will be described as entry-
level with service uncharacterized if processing is initiated while a Soldier is in entry-
level status, except when:

	(1)  Characterization under other than honorable conditions is authorized under 
the reason for separation and is warranted by the circumstances of the case.

	(2)  HQDA (AHRC-EPR-F), on a case-by-case basis, determines that 
characterization of service as honorable is clearly warranted by the presence of 
unusual circumstances involving personal conduct and performance of duty. This 
characterization is authorized when the Soldier is separated by reason of selected 
changes in service obligation, convenience of the Government, and Secretarial 
plenary authority.

	(3)  The Soldier has less than 181 days of continuous active military service, has 
completed Initial Entry Training, has been awarded an MOS, and has reported for 
duty at a follow-on unit of assignment.

	c.  Paragraph 11-2 states this chapter sets policy and provides guidance for 
Separation of a Soldier in 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 and minor 
disciplinary infractions.

	d.  Paragraph 11-3 this policy applies to Soldiers who have completed no more 
than 180 days active duty on current enlistment by the date of separation.  Soldiers 
who cannot meet the minimum standards prescribed for successful completion of 
training because of lack of aptitude, ability, motivation or self-discipline. 

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)	 AR20170006453

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