ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 July 2019 DOCKET NUMBER: AR20170015458 APPLICANT REQUESTS: a correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show (item 24) character of service as general, under honorable conditions or honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 that his discharge character of service should be changed from “Entry Level Status” to “Honorable” or “General, Under Honorable Conditions Discharge Certificate." He believes the record to be in error or unjust because he was discharged with separation code (item 26) JGA (Entry Level Status Performance and Conduct or Entry Level Status Performance) with a reenlistment code RE-3. He believes that he should have received an Honorable or General, Under Honorable Conditions Discharge Certificate due to his discharge for medical reasons. It is now hard for him to get veteran services. He currently has many medical problems and now he is in need of medical care, but without a proper discharge, he cannot receive services. He needs to take care of his medical needs. He does not have a copy of his DD 214 to send with his application. 3. A review of the applicant’s service record show the following: a. He enlisted in the Regular Army on 31 January 1985. b. On 8 March 1985, the applicant’s immediate commander notified him of his intent to separate him under the provisions of AR (Army Regulation) 635-200 (Personnel Separations - Enlisted Personnel), chapter 11 with a narrative reason for separation of entry level status performance and conduct and a character of service as entry level status. The reason for his immediate commanders proposed action was for lack of motivation. c. On 8 March 1985, the applicant acknowledged his immediate commander’s intent to separate him in accordance with AR 635-200, chapter 11. The applicant waived his right to consult with counsel, and did not submit a statement on his own behalf. d. On 8 March 1985, the applicant’s chain of command recommended separation under the provision of AR 635-200, chapter 11 for entry level status performance. e. On 15 March 1985, the separation authority approved separation under the provision of AR 635-200, chapter 11 with character of service is uncharacterized. f. Orders 053-145, dated 18 March 1985, discharged the applicant from active duty with an effective date of 21 March 1985. g. He was discharged from active duty on 21 March 1985. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of (item 25 separation authority) AR 635-200, chapter 11 for (item 28 narrative reason for separation) entry level status performance and conduct (item 24 character of service) narrative reason as entry level status. It further shows he completed 1 month, and 21 days of active duty service. 4. By regulation, 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) cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline. 5. 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 28 (Narrative Reason for Separation) enter the reason for separation (shown in AR 635-5-1) based on the regulatory or statutory authority 6. 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." 7. 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: 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: 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. Paragraph 1-13a (Honorable Discharge) states that an honorable discharge is a separation with honor. Issuance of an Honorable Discharge Certificate is predicated upon proper military behavior and proficient performance of duty during the member’s current enlistment or period of obligated service with due consideration for the member’s age, length of service, grade, and general aptitude. b. Paragraph 1-13b (General Discharge) states that a general discharge is a separation from the Army under honorable conditions. It is issued to a member whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The recipient of a general discharge is normally a member whose military record and performance is satisfactory. c. Chapter 11 of this regulation provides 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) cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline. 3. 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 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." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170015458 2 1