ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 July 2019

	DOCKET NUMBER:  AR20170014902


APPLICANT REQUESTS:  an upgrade of his uncharacterized discharge to an honorable  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Veterans Affairs (VA) Letter

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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows uncharacterized for his character of service.  However, he received a letter from VA in 1992 showing his status as honorable.  He is requesting to have the status on his DD 214 change to honorable.  He applied for a job as a police officer and most departments will not grant him veteran status, because his character of service does not state honorable.

3.  The applicant provides the VA letter, dated 8 June 1992 which states the applicant was honorably discharged having served in the Army from 30 July 1992 to                   16 September 1992.  

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

	a.  Having prior service in the Army Reserve in the Delayed Entry Program, he enlisted in the Regular on 30 July 1992.  

	b.  His DA Form 2-1 (Personnel Qualification Record) shows that he was assigned to Company Bravo, 2nd Battalion, 58th Infantry Regiment, Fort Benning, GA on 30 July 1992.  

	c.  He received seven counseling’s on various offenses from initial counseling, missing training, failure to follow instructions, recommendation for separation for lack of motivation, unwillingness to continue training, failure to adapt to military life lack of discipline, and the entry level separation program from 14 August 1992 to 3 September 1992.

	d.  The applicant was notified by the immediate commander of the proposed discharge under the provisions of Army Regulations (AR) 635-200 (Enlisted Personnel – Personnel Separations), Chapter 11, Entry Level Performance and Conduct due to lack of motivation, unwillingness to continue training, failure to adapt to military life, and lack of self-discipline on 5 September 1992.  He informed him of his rights to consult with consulting counsel, the right to submit a statement in you his own behalf, the right to request a separation physical, and the right to waive the rights in writing. 

	e.  The applicant acknowledged receipt of the notification of his proposed discharge from the Army.  He elected not to submit a statement in his own behalf, he had no desire to consult with consulting counseling, and no desire to undergo a separation physical.  

	f.  On 5 September 1992, the applicant’s immediate commander initiated discharge proceeding from the Army under the provisions of AR 635-200, Chapter 11.  

	g.  Consistent with the chain of command recommendation on 11September 1992, the separation authority approved the applicant’s discharge and waivered the requirement for the applicant to be recycled.  

	h.  The applicant was discharged from the Army on 16 September 1992.  His DD Form 214 shows he was discharged under the provisions of AR 635-200, Chapter 11, Entry Level Performance and Conduct SPD (JGA) entry level status performance and conduct or entry level status performance, and his service characterization is uncharacterized  He completed a period of 1 months and 17 days.

5.  By regulation, 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, 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.  AR 635-200 (Enlisted Personnel – Personnel Separations) 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 3-9, 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

	c.  Paragraph 11–1, sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status.  

	d.  Paragraph 11-3a, states this policy applies to members who were (1) voluntarily enlisted in the Regular Army, ARNG, or USAR, (are in entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous AD or IADT or no more than 90 days of Phase II under a split or alternate training option.  Have demonstrated that they are not qualified for retention und the following conditions:

* cannot or will not adapt socially or emotionally to military life 
* cannot meet the minimum standards' prescribed for successful completion of training because of lack of-aptitude, ability, motivation or self-discipline 
* have demonstrated character and behavior characteristics not compatible with satisfactory continued service 
* have failed to meet body fat standards after application of the procedures specified in AR 600-9

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)	 AR20170014902


4


1