ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	BOARD DATE:  1 October 2019

	DOCKET NUMBER:  AR20170014269


APPLICANT REQUESTS:  an upgrade of his uncharacterized discharge to a general, 
under honorable 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)

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 requests to have DD Form 214 changed to reflect a general, under 
honorable conditions discharge.  The DD Form 214 only states the code for his 
separation.

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

	a.  On 9 July 1999, he enlisted in the Regular Army.

	b.  His DA Form 2-1 (Personnel Qualification Record) shows he completed basic 
training, but not advanced individual training as an 88M (Motor Transportation 
Specialist).  

	c.  On 13 December 1999, the commander notified the applicant he was initiating 
separation of him under the provisions of Army Regulation (AR) 635-200 (Personnel 
Separations – Enlisted Personnel), chapter 11 (Entry Level Performance and Conduct) 
for his failure and/or inability to adapt to a military environment.  On 13 December 1999, 
he acknowledged receipt.

	d.  On 13 December 1999, the applicant waived his right to consult with an attorney 
concerning the separation proceedings pending against him.  He acknowledged he had 
been advised of his right to submit a statement on his behalf and of his discharge and 
education benefits.  

	e.  On 14 December 1999, his immediate commander initiated separation of the 
applicant under AR 635-200, chapter 11.  

	f.  On 15 December 1999, the separation approval authority directed the applicant 
be separated under the provisions of AR 635-200, chapter 11, and be issued an 
uncharacterized discharge.  

	g.  On 16 December 1999, he was discharged from active duty under the provisions 
of AR 635-200, chapter 11.  His DD Form 214 shows he completed 5 months and 8 
days of active service.  

	h.  There is no evidence the applicant has applied to the Army Discharge Review 
Board for review of his discharge within that board's 15-year statute of limitations. 

4.  By regulation (635-200), separation of a Soldier in entry level status may be 
warranted on grounds of unsatisfactory performance or unsatisfactory conduct (or both) 
as evidenced by inability, lack of reasonable effort, failure to adapt to the military 
environment, or minor disciplinary infractions.  This policy applies to Soldiers who are in 
entry level status and, before the date of initiation of separation action, have completed 
no more than 180 days of creditable continuous active duty (AD) or initial active duty 
training.  Entry level status is defined as the first 180 days of continuous AD.

5.  By regulation (635-5), the DD Form 214 is a summary of the Soldier's most recent 
period of continuous active duty.  It provides a brief, clear-cut record of all current 
active, prior active, and prior inactive duty service at the time of release from active 
duty, retirement, or discharge.  The information entered thereon reflects the conditions 
as they existed at the time of separation.  

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 uncharacterized, if the separation action is initiated within the first 
180 days of active duty service.  As such, his DD Form 214 properly shows his 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.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at 
the time, sets forth the basic authority for the separation of enlisted personnel.  

	a.  Chapter 11 (Entry Level Performance and Conduct) states separation of a Soldier 
in entry level status may be warranted on grounds of unsatisfactory performance or 
unsatisfactory conduct (or both) as evidenced by inability, lack of reasonable effort, 
failure to adapt to the military environment, or minor disciplinary infractions.  This policy 
applies to Soldiers who are in entry level status and, before the date of initiation of 
separation action, have completed no more than 180 days of creditable continuous 
active duty (AD) or initial active duty training.  Entry level status is defined as the first 
180 days of continuous AD.  

	b.  Paragraph 3-7a (Honorable Discharge) states an honorable discharge is a 
separation with honor.  The honorable characterization is appropriate when the quality 
of the Soldier’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.  

	c.  Paragraph 3-7b (General Discharge) 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 by not sufficiently meritorious to warrant an 
honorable discharge.

	d.  Paragraph 3-9 (Uncharacterized Separations) states 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.  

3.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect 
at the time, prescribes the separation documents that must be prepared for Soldiers on 
retirement, discharge, release from active duty service, or control of the Active Army.  
DD Form 214 (Certificate of Release or Discharge from Active Duty) provides a brief, 
clear-cut record of active duty service at the time of release from active duty, retirement, 
or discharge.  Paragraph 2-4h (24) (Completing the DD Form 214), states 
characterization or description of service is determined by directives authorizing 
separation.  

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.  

ABCMR Record of Proceedings (cont)	 AR20170014269

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