ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 June 2019

	DOCKET NUMBER:  AR20170006668


APPLICANT REQUESTS:  Reconsideration of his previous request for an upgrade of his uncharacterized discharge to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* The American Legion Membership Activation Form

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150015540 on 9 February 2017.

2.  The applicant states the American Legion informed him of a war time campaign from 24 August 1982 – 31 July 1984.  He states, in effect, that this reduces his active duty time from 181 days to 90 active duty days.  He had 99 active duty days under military rules and regulations plus type of discharge medical hardship.  He needs his earned Veteran Affairs grants.

3.  The applicant provides:

* DD Form 214 that shows he was relieved from active duty on 1 December 1983 and issued an uncharacterized character of service due to dependency
* The American Legion Membership Activation Form

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

	a.  He enlisted in the Regular Army on 24 August 1983.  He was assigned to Fort Leonard Wood, MO for training. 

	b.  On 16 November 1983, he submitted a DA Form 4187 (Personnel Action) requesting that he be granted a “hardship discharge” in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 6.  In his request he stated the following:

		His father can only see out of one eye and doctors state that his sight in that eye is slowly deteriorating.  Due to numerous injuries he has suffered through the years, he is totally unable to care for himself.  He is not getting any better and there is no one now able to care for him and his needs.  Consideration of this request is greatly appreciated.

	c.  He also submitted multiple statements supporting his discharge request from several doctors and a lawyer, attesting to his father's condition and his reliance on the applicant for principal care and support.

	d.  On 22 November 1983, his chain of command recommended approval of chapter 6 AR 635-200.  Criteria of paragraph 6-4, AR 635-200, are met in that:

* Although the condition existed prior to entry on active duty, it has been aggravated to an excessive degree with the loss of Mr. X__ live-in care
* Conditions are not of a temporary nature
* Reasonable efforts have been taken in the past through the use of other persons in a caretaker role
* Separation from the military is a prudent and readily available means for resolving this hardship condition

	e.  On 25 November 1983, the separation authority approved the separation.  The separation authority directed that the applicant be issued an entry level separation (uncharacterized).

	f.  On 1 December 1983, he was released from active duty, issued an uncharacterized character of service and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows that he was released from active duty under the provisions of AR 635-200, paragraph 6-3a, for dependency.  He completed 3 months and 8 days of active service.

5.  On 14 February 2017, the applicant was notified that the Army Board for Correction of Military Records on 9 February 2017 determined that insufficient evidence has been presented to indicate probable material error or injustice, and the application was denied.

6.  By regulation, AR 635-200, in effect at the time, 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.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  

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:

1.  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.

2.  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 635-200, in effect at the time, sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons.

	a.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  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 provides that 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 3-9 provided that a separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry-level status, except when:

	(1)  An under other than honorable conditions characterization was authorized when the reason for separation and was warranted by the circumstances of the case; or

	(2)  The Secretary of the Army, on a case by case basis, determined a characterization of service as honorable was clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  This characterization was authorized when the Soldier was separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority.

	(3)  Entry-level status is defined as the first 180 days of continuous active service for Regular Army Soldiers.

d.  Chapter 6 (Separation because of Dependency or Hardship) stated separation under this chapter is for the convenience of the government.  Enlisted members of the Active Army and the Reserve Components serving may be discharged or released because of genuine dependency or hardship.  Paragraph 6-3a (Dependency) exists when death or disability of a member of a Soldier's (or Spouse's) immediate family causes that member to rely upon the Soldier for principal care or support.  It further states Soldiers separated under this chapter that are still in in an entry level status will receive an entry level separation and if they are beyond entry level status, they will receive a characterization as honorable or under honorable conditions.

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)	 AR20170006668


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