ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 June 2019

	DOCKET NUMBER:  AR20170011193


APPLICANT REQUESTS:  An upgrade of her uncharacterized discharge to honorable 
or (general) under honorable conditions.

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)
*	Veterans Affairs (VA) Letter, dated 1 June 2017
*	Letter from Senator X___ X. X___, dated 13 July 2017

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 she was discharged from basic training due to an injury.  This 
injury happened while at basic training at Fort Leonard Wood, MO, in 1994.  Without 
this injury, she would have fulfilled her obligation to the US Army.  With the 
uncharacterized discharge, she is not able to apply for her Certificate of Eligibility for 
loan guarantee benefits.

3.  The applicant provides:

*	Her DD Form 214 which shows she was discharge with an uncharacterized 
character of service on 8 June 1994
*	Veterans Affairs (VA) Letter, dated 1 June 2017, which states her current 
character of service does not qualify for eligibility
*	Letter from Senator X___ X. X___, dated 13 July 2017, which inquires about the 
application of his constituent

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

	a.  She enlisted in the Regular Army on 17 February 1994.

	b.  On 23 May 1994, she was counseled by her immediate commander notifying her 
of his decision to recommend separation under the provisions (UP) of Army Regulation 
(AR) 635-200 (Personnel Separations-Enlisted Personnel) chapter 11 (Entry Level 
Separation) for failure to pass the Army Physical Fitness Test.

	c.  On 27 May 1994, her immediate commander initiated separation actions.  He 
notified her of her rights.  The applicant:

*	waived her rights in writing
*	waived consulting counsel
*	did not make statement on her own behalf
*	desired a copy of the documents supporting the proposed separation
*	waived consideration of her case by an administrative separation board
*	waived a personal appearance before an administrative separation board

	d.  On 6 June 1994, consistent with the commander’s recommendation, the 
separation authority approved the separation and directed the applicant be discharged 
and issued an entry level separation of uncharacterized.

	e.  On 8 June 1994, she was discharged UP of AR 635-200 chapter 11.  She was 
issued an uncharacterized character of service due to entry level performance and 
conduct.  She completed 3 months and 22 days of active service.  She was awarded 
the Marksman Qualification Badge (M-16), Marksmanship Qualification Badge (Hand 
Grenade), and the National Defense Service Medal.

5.  By regulation, AR 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  Chapter 11 of the regulation in effect at the time provided for the separation 
of personnel due to unsatisfactory performance or conduct, or both, while in an entry-
level status.  This provision applied to individuals who had demonstrated they were not 
qualified for retention because they:

*	Inability
*	Lack of reasonable effort
*	Failure to adapt to the military environment
*	Minor disciplinary infractions

6.  An uncharacterized separation is an entry-level separation.  A separation will be 
described as an entry-level separation if processing is initiated while a member is in 
entry-level status, except when characterization under other than honorable conditions 
is authorized by the reason for separation and is warranted by the circumstances of the 
case or when the Secretary of the Army, 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.

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, her 
DD Form 214 properly shows her 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.

ADMINISTRATIVE NOTE(S):  

Not Applicable

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) sets forth the 
basic authority for the separation of enlisted personnel.  Chapter 11 of the regulation in 
effect at the time provided for the separation of personnel due to unsatisfactory 
performance or conduct, or both, while in an entry-level status.  This provision applied to 
individuals who had demonstrated they were not qualified for retention because they:

*	Inability
*	Lack of reasonable effort
*	Failure to adapt to the military environment
*	Minor disciplinary infractions

	a.  The separation policy applied to Soldiers who could not meet the minimum 
standards prescribed for successful completion of training because of lack of aptitude, 
ability, motivation, or self-discipline.  Separation under this chapter applied to Soldiers who 
were in an entry-level status (i.e., had completed no more than 180 days of continuous 
active duty before the date of the initiation of separation action).  An uncharacterized 
description of service was required for separation under this chapter.

	b.  An uncharacterized separation is an entry-level separation.  A separation will be 
described as an entry-level separation if processing is initiated while a member is in 
entry-level status, except when characterization under other than honorable conditions 
is authorized by the reason for separation and is warranted by the circumstances of the 
case or when the Secretary of the Army, 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.

	c.  Paragraph 3-7a (Honorable discharge) 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.  Only the honorable characterization 
may be awarded a member upon completion of his or her period of enlistment or period 
for which called or ordered to AD or ADT, or where required under specific reasons for 
separation, unless an entry level status separation (uncharacterized) is warranted.

	d.  Paragraph 3-7b (General discharge) A general discharge is a separation from the 
Army under honorable conditions.  When authorized, it is issued to a member whose 
military record is satisfactory but not sufficiently meritorious to warrant an honorable 
discharge.

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)	 AR20170011193

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