ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  8 February 2019  

	DOCKET NUMBER:  AR20170007201


APPLICANT REQUESTS: The applicant requests to change his character of service from uncharacterized to general, under honorable conditions.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 293 (Application for the Review of Discharge)
* 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 would like to upgrade his discharge in order to feel a sense of pride for making the commitment to service his Country.  His entry level separation has caused him to feel like a failure and filled with shame, and his brother wanted him to get it upgraded prior to his death in 2014.  He will be released from the Ohio State Department of Rehabilitation and Corrections in February 2018 and unable to obtain housing upon his release.  He would like to be eligible for:

*  Basic housing assistance
*  Medical care
*  Job training assistance
*  Education 

3.  On 24 October 2000, the applicant enlisted in the Regular Army.  On 26 October 2001 he was assigned to Fort Jackson, South Carolina, for the purpose of completing his initial entry training.  A review of his record provides: 

      a.  On 12 December 2000, he received a Performance Evaluation Form, it shows, he was counseled for his inability to pass the Army Physical Fitness test on three occasions and provides the chain of command wanted him to work harder, stay motivated and work harder.  By the third evaluation leadership stated the applicant needed to become more of a team player and his motivation seemed low.    

      b.  On 12 January 2001, he was counseled by his chain of command for his inability to pass the Army Physical Fitness Test, smoking in the bay area, possessing contraband, and expressing the desire to be separated from the Army.  His commander advised the applicant he was not showing improvement and of his plan to separate him.         

5.  On 12 January 2001, his unit commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, due to entry level performance and conduct, due to the applicant’s lack of self-discipline.  The applicant was advised of his available rights, consulted with counsel and indicated he would not submit a statement on his own behalf.
        a.  The applicant acknowledged the intent to separate him and indicated he understood, if approved, he would receive an uncharacterized entry level separation.  He elected not to consult with counsel and elected not to make any statements in his own behalf.
        b.   The applicant's chain of command recommended approval of his request and the appropriate separation authority approved the separation with an uncharacterized characterization of service.  
6.  On 26 January 2001, the applicant was discharged accordingly.  He completed 3 months and 3 days of net active service. 

7.  AR 635-200 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated.

8.  The record contains no indication of administrative procedural or other errors that would tend to jeopardize his rights.  The applicant is advised an uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier had not been in the Army long enough for his character of service to be rated as honorable or otherwise.

BOARD DISCUSSION:

1.  The Board recognizes the loss of the applicant’s brother and understands his brother’s wishes for the applicant to get his discharge upgraded and the applicant’s desires to receive Veteran’s benefits.  The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance.  

2.  The applicant completed 3 months and 3 days of net active service.  In accordance with AR 635-200, a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated.  This discharge is not a negative reflection on the applicant’s service.  The Board wants the applicant to know uncharacterized service is nothing to be ashamed of and merely a description used when the service was too short to evaluate.  Consequently, the Board finds the applicant’s separation was both proper and equitable and denies his 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 (Personnel Separations – Enlisted Personnel) prescribes policies, standards, and procedures providing for the orderly administrative separation of active duty enlisted Soldiers.

	a.  Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated.

	b.  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.  Chapter 11 provides for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status.  When separation of a Soldier in an entry-level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, he or she will normally be separated per this chapter.  Service will be uncharacterized for entry-level separation under the provisions of this chapter.

ABCMR Record of Proceedings (cont)	 AR20170007201
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