ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 July 2019 DOCKET NUMBER: AR20170014022 APPLICANT REQUESTS: an upgrade to her uncharacterized conditions discharge 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) * DA Form 2-1 (Personnel Qualification Record), section VII, item 35 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 her DD Form 214 shows uncharacterized and the narrative says failure to qualify medically for flight training. However, her records from the Electronic Official Personnel Folder (eOPF) in section IV, shows an honorable discharge. Because of this discrepancy in the wording, she was not able to use the documents towards her current federal retirement to buy that portion of military time. If she could have the DD Form 214 amended that would solve this issue. 3. The applicant provides: a. Her DD Form 214 that shows her service from 7 May 1985 to 2 August 1985 and service as uncharacterized. b. DA Form 2-1, section VII, item 35, that shows her service from 7 May 1985 to 2 August 1985 and service characterized as honorable. 4. A review of the applicant’s service record shows: a. She enlisted in the Regular Army on 7 May 1985. b. Her DA Form 2-1, shows that she was assigned to the 6th Battalion, 2nd Basic Training Brigade, Fort Jackson, SC on 13 May 1985, on 11 July 1985, Fort Rucker, AL and on 2 August 1985 an honorable discharge. c. The applicant was counseled on 26 July 1985 concerning disqualification from the Warrant Officer Entry Course (WOEC) training through no fault of her own. The enlistment/reenlistment commitment cannot be fulfilled/or is erroneous. d. On 22 July 1985, the United States Army Aeromedical Center Director recommended the applicant for medical elimination. She did not meet the medical prerequisites for flight training due to unsatisfactory medical evaluation (suicidal gesture and failure to reveal pertinent medical information), and recommended the applicant be considered for non-enrolled medical elimination. e. On 26 July 1985, after having been found by the Commander, United States Army Aeromedical Center, to be medically disqualified for class 1A flying, she requested discharge under the provisions of AR 635-200 (Personnel Separations – Enlisted Personnel), chapter 5, paragraph 5-12. f. Consistent with the chain of command recommendation, on 29 July 1985 the separation authority approved the applicant’s discharge under the provisions of AR 635-200, chapter 5, paragraph 5-12, discharge for failure after enlistment to qualify medically for flight training and directed her characterization to be uncharacterized. g. The applicant was discharged from the Army on 2 August 1985. Her DD Form 214 shows she was discharged under the provisions of AR 635-200, Chapter 5-12, discharge for failure after enlistment to qualify medically for flight training, SPD (KFT) - failure to qualify medically for flight training, no disability. Her service characterization is uncharacterized. She completed 2 months and 6 days of net active service this period with no lost time. 5. By regulation, AR 635-200 states that a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation. Paragraph 3-9 states 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. 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. Paragraph 4-4, characterization of service states that a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry level status and service is uncharacterized. 6. 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: 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. 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. 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, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a states 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 states 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, or a characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization. It will not be issued to Soldiers upon separation at expiration of their period of enlistment, military service obligation, or period for which called or ordered to active duty. c. Paragraph 3-9, states for entry level status separation. A separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status, except in the following circumstances: * when characterization Under Other Than Honorable Conditions is authorized under the reason for separation and is warranted by the circumstances of the case * 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. 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 d. Paragraph 4-4, states for characterization of service. A Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry level status and service is uncharacterized. e. Paragraph 5-5, Characterization of service or description of separation * a member being separated under this section will be awarded, a character of service of honorable, under honorable conditions or an entry-level of separation * no member will be awarded a character of service of under honorable conditions under this section unless the member is notified of the specific factors in his or her service record that warrant such a characterization, using the notification procedures. f. Paragraph 5-12, Discharge for failure after enlistment to qualify medically for flight training states that members who enlist on or after 1 March 1971, for the Warrant Officer Flight Training (WOFT) option and who, after enlistment, fail to qualify medically for flight training may be discharged from the Army. Paragraph 5-12h, states that for characterization of service or description of separation, see paragraph 5-5. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014022 4 1