ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 June 2019

	DOCKET NUMBER:  AR20170013881


APPLICANT REQUESTS:  an upgrade to his uncharacterized discharge

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 293 (Application for the Review of Discharge from the Armed Forces of the 
United States).

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 believes he was harassed because of his Asian descent and 
he was treated indifferent.

3.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 4 March 1986.

	b.  He accepted nonjudicial punishment (NJP) on 28 March 1986 for disrespecting a 
noncommissioned officer, by smart-mouthing and contentious attitude.

	c.  His commander notified him on 3 June 1986 that he was initiating action to 
discharge him from the service under the provisions of Army Regulation 635-200 
(Personnel Separations – Enlisted Personnel), chapter 11, due to only increasing his 
English Comprehension Level (ECL) scores by six points in nine weeks, and 
demonstrating personality not characteristic of becoming a good Soldier in the United 
States Army, by receiving two Article 15’s.

	d.  His record is void of a second Article 15.

4.  On this same date, the applicant acknowledged receipt of his proposed Honorable 
Separation from the United States Army notification memorandum.  He stated he
understood that due to noncompletion of requisite Active Duty time and other benefits 
normally associated with completion of honorable active service will be affected.  He 
elected not to consult with counsel and elected not to make a statement in his own 
behalf.

5.  His commander subsequently recommended his separation from the service.  The 
separation authority directed he be released from active duty with an entry level 
separation. 

6.  He was discharged on 17 June 1986.  He completed 3 months and 14 days of net 
active service.  His DD Form 214 shows in:

*	Item 9 (Command to Which Transferred) – NA
*	Item 23 (Type of Separation) – Discharge
*	Item 24 (Character of Service) – Entry Level Status
*	Item 25 (Separation Authority) – Army Regulation 635-200, chapter 11-3a
*	Item 26 (Separation Code) – JGA
*	Item 27 (Reenlistment Code) – RE (Reentry)-3 
*	Item 28 (Narrative Reason for Separation) – Entry level status 

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  It states in Chapter 3, 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.  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:

:	:	:	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):

The applicant’s characterization of service in Item 24 (Character of Service) – shows the 
entry “Entry Level Status”; that should only show is his narrative reason for separation  
Item 24 should show the entry “Uncharacterized.”

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 sets forth the basic authority for the separation of enlisted 
personnel.  It states in:

	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.  Chapter 11 provides for the separation of personnel due to unsatisfactory 
performance, conduct, or both, while in an entry level status.  An uncharacterized 
service description is normally granted to Soldiers separating under this chapter. A 
general discharge is not authorized under entry level status conditions and an 
honorable discharge is rarely ever granted.

3.  Title 10, U.S. Code, section 1552, provides that the Secretary of a Military 
Department may correct any military record of the Secretary's Department when the 
Secretary considers it necessary to correct an error or remove an injustice.  With 
respect to records of courts-martial and related administrative records pertaining to 
court-martial cases tried or reviewed under the UCMJ, action to correct any military 
record of the Secretary's Department may extend only to correction of a record to 
reflect actions taken by reviewing authorities under the UCMJ or action on the sentence 
of a court-martial for purposes of clemency.  Such corrections shall be made by the 
Secretary acting through boards of civilians of the executive part of that Military 
Department.

4.  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.

//NOTHING FOLLOWS//


ABCMR Record of Proceedings (cont)	 AR20170013881

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