ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 July 2019 DOCKET NUMBER: AR20170013153 APPLICANT REQUESTS: a correction of his DD Form 214 (Certificate of Release from Active Duty) to show (item 24) character of service as honorable vice uncharacterized. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Army National Guard (ARNG) Discharge Certificates, dated 27 April 1999, 16 May 2000; and 9 March 2006 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 that his DD Form 214 lists character of service as “uncharacterized.” He is requesting that his character of service be upgraded to read “Honorable.” DD Form 214 and U.S. Army Reserve (USAR) discharge citations show honorable service. 4. A review of the applicant’s service record show the following: a. He enlisted in the U.S. Army Reserve on 16 February 1988. b. He served in Germany from 22 June 1988 to 26 September 1988. c. On 27 September 1988, the applicant’s immediate commander notified him he was initiating separation action against him in accordance with Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Separations), chapter 11-2 (b) (c) for entry level separation with an uncharacterized discharge. The reasons for the commander's proposed action was that the applicant had shown an unwillingness or inability to adjust to military life. a. d. On 25 August 1988, the applicant acknowledged his immediate commander’s intent to separate him accordance with AR 635-200, chapter 11-2 (b) (c) for entry level separation with an uncharacterized discharge. e. On 25 August 1988, he was advised by his consulting counsel of the bases for the contemplating action to separate him for entry level separation under AR 635-200, Chapter 11 and its effects; of the rights available to him; and the effects of any action taken by him in waiving his rights. He waived his right for consideration of his case before a separation board and waived a personal appearance. He understood that he may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions is issued; that if he received a discharge certificate/character of service which is less than honorable, he may make application to the Army Discharge Review Board or the ABCMR for upgrading. He understood that an act of consideration by either Board does not imply that his discharge will be upgraded. f. The immediate commander requested separation under the provisions of AR 635-200, chapter 11 for entry level separation with an Honorable Discharge Certificate. The reason for the immediate commander’s contemplated actions are due to the applicant having shown an unwillingness or inability to adjust to military life. g. The separation authority (memorandum not dated) approved separation under the provisions of AR 635-200, chapter 11 with a (item 24) character of service as uncharacterized. h. He was discharged from active duty on 27 September 1988. His DD Form 214 shows he was discharged under the provisions of chapter 11-3a of AR 635-200 due to entry level status performance and conduct with character of service as uncharacterized. It also shows he completed 7 months and 12 days of active duty service. It further shows: * Item 24 (Character of Service) shows uncharacterized * Item 25 (Separation Authority) shows AR 635-200, paragraph [11-3a] (cannot or will not adapt socially or emotionally to military life) * Item 28 (Narrative Reason for Separation) shows Entry level status performance and conduct 5. By regulation, AR 635-200, chapter 11-2 states that when separation of a Soldier in entry level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by a) Inability, b) lack of reasonable effort, or c) failure to adapt to the military environment, the Soldier normally will be separated per this chapter. However, nothing in this chapter prevents separation under another provisions of this regulation when such a separation is warranted. Paragraph 11-3a, of this regulation states this policy applies to Soldiers who have demonstrated that they are not qualified for retention. The following conditions are illustrations of conduct that does not qualify for retention a) cannot or will not adapt socially or emotionally to military life b) 4. cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline. 6. By regulation, Army Regulation (AR) 635-5 (Separation Documents) * Item 24 (character of service) authorized entries are honorable, under honorable conditions (general), under other than honorable conditions, bad conduct, dishonorable, to be determined * Item 25 (separation authority) enter the regulatory or statutory authority cited in directives authorizing separation * Item 26 (Separation Code), JGA * Item 28 (narrative reason for separation) enter the reason for separation (shown in AR 635-5-1) based on the regulatory or statutory authority 7. By regulation (AR 635-5-1), Soldiers separating under the provisions of chapter 11 of AR 635-200 are assigned separation code JGA. The Narrative Reason for Separation associated with this chapter and separation Code is "Entry level status performance and conduct." 8. In reaching its determination, the Board can consider the applicants petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The applicant’s contentions were carefully considered. He completed a period of active duty while conducting initial entry training (IET). He was awarded a MOS at the completion of IET and was transferred back to the ARNG. Army Regulation 635-200 provides that when a RC Soldier successfully completes IADT, the character of service is Honorable unless directed otherwise by the separation authority. Based upon regulatory guidance, the Board agreed the DD Form 214 should show his character of service as Honorable. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing him a DD Form 214 for the period ending 27 September 1988 showing his character of service as Honorable. 7/22/2019 X CHAIRPERSON Signed by 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. 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— a. Characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case. b. 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. c. 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. 3. AR 635-5 (Separation Documents) governs the preparation and processing of the DD Form 214. It states: * Item 24 (character of service) authorized entries are honorable, under honorable conditions (general), under other than honorable conditions, bad conduct, dishonorable, to be determined * Item 25 (separation authority) enter the regulatory or statutory authority cited in directives authorizing separation * Item 28 (narrative reason for separation) enter the reason for separation (shown in AR 635-5-1) based on the regulatory or statutory authority 4. AR 635-5-1 (Separation Program Designators), Soldiers separating under the provisions of chapter 11 of AR 635-200 are assigned Separation Code JGA. The Narrative Reason for Separation associated with this chapter and separation Coder is "Entry level status performance and conduct."