ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 January 2020 DOCKET NUMBER: AR20170009818 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service characterization as honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 653-200 (Personnel Separations – Enlisted Personnel), in effect at the time, prescribed 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 3-4 (Types Authorized) stated the following types of characterization of service or description of separation were authorized: * honorable * general under honorable conditions * under other than honorable conditions * entry-level separation * void enlistment or induction * dropped from the rolls of the Army b. Chapter 11 (Entry Level Performance and Conduct) set policy and prescribed guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status. c. Paragraph 11-2 (Basis for Separation) stated separation of a member in an entry- level status may be warranted on grounds of unsatisfactory performance or unsatisfactory performance or unsatisfactory conduct (or both) as evidenced by inability, lack of reasonable effort, failure to adapt to the military environment, and minor disciplinary infractions. d. Paragraph 11-3 (Separation Policy) stated this policy applies to members who are in an entry-level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous active duty. e. Paragraph 11-6 (Type of Separation) stated entry-level separation – uncharacterized – is used for separation per this chapter. f. The glossary described entry-level status as the first 180 days of continuous active military service. For purposes of characterization of service or description of separation, the member's status is determined by the date of notification to the member as to the initiation of separation proceedings. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the 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 he was discharged due to severe family issues but was never a disciplinary issue. 3. He enlisted in the U.S. Army Reserve on 13 March 1996. At the time of his enlistment he was 31 years old. 4. He completed basic training at Fort Jackson, SC, and he was attached to Fort Bragg, NC, for advanced individual training on 3 July 1996. 5. On 17 September 1996, he received general counseling for not being present for charge of quarters (CQ) duty at 0800 on 15 September 1996, not being present for an accountability formation at 1300 on 15 September 1996, and reporting at 1620 on 16 September 1996 with alcohol on his breath. He acknowledged, concurred, and signed the DA Form 4856 (General Counseling Form), attesting the information was accurate. 6. On 25 October 1996, he received general counseling for misconduct and/or unsatisfactory conduct for having an unauthorized overnight absence on 12 October 1996, not being present for CQ duty at 0600 on 13 October 1996, having an unauthorized overnight absence on 13 October 1996, and returning to duty at approximately 1100 on 14 October 1996. He acknowledged, concurred, and signed the DA Form 4856, attesting the information was accurate. 7. On 25 October 1996, his company commander notified him in writing that he was initiating action to separate him for his inability to adapt to the military environment under the provisions of Army Regulation 635-200, chapter 11, paragraphs 11-2a (Inability) and c (Failure to Adapt to the Military Environment). He acknowledged receipt of the notification and waived counseling and rehabilitative requirements. He indicated he understood and agreed that he was unable to adapt to military life and desired immediate discharge from the U.S. Army. 8. On 31 October 1996, he acknowledged he had been advised by consulting counsel of the basis of the contemplated action to separate him under the provisions of Army Regulation 635-200, chapter 11, and its effect; of the rights available to him; and the effect of any action taken by him in waiving his rights. He elected not to submit statements in his own behalf and he understood he would be given an entry-level separation with uncharacterized service if separated. 9. The battalion commander approved the waiver of rehabilitative requirements and directed issuance of an entry-level discharge. 10. There is no evidence in the applicant's records of family issues at the time of his service. 11. He was released from active duty on 27 November 1996 and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows his service as "Uncharacterized" and the narrative reason for separation as "Entry Level Performance and Conduct." 12. Headquarters, U.S. Army Special Operations Command, Fort Bragg, NC, Orders 256-74, dated 13 September 1997, discharged him from the U.S. Army Reserve effective 13 September 1997. His type of discharge was "Uncharacterized." ? BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, regulatory requirements, and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant’s statement, his record of service, the frequency and nature of his misconduct, and the character and reason for his separation. The Board noted the facts presented above. The Board noted that the applicant was provided legal counsel, that by his signature he elected not to submit statements in his own behalf in the separation process, and that he understood he would be given an entry-level separation with uncharacterized service if separated. The Board found insufficient evidence of in-service mitigation to overcome the misconduct and there was insufficient post-service evidence to justify a clemency determination. The Board found the character of service equitable under the circumstances. Based on a preponderance of evidence, the Board determined that there was no error or injustice in the applicant’s discharge or character of service, or basis for clemency. 2. After reviewing the application and all supporting documents, the Board found that relief is not warranted. ? 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170009818 5 1