ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  27 June 2019

	DOCKET NUMBER:  AR20170015544


APPLICANT REQUESTS:   an upgrade to his uncharacterized discharge.  

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 he was told in 1984 by the Red Cross that he could have his discharge upgraded at a later date.  He is not seeking any military benefits.  He is tired of being discriminated against and thought if he was honorably discharged it would help.  He doesn’t believe the record to be in error or unjust, but would like to know if this is possible. After all, he was told he could get his discharge upgraded at the time of his release from active duty.  

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

	a.  He enlisted in the Regular Army on 30 May 1984.  

	b.  His DA Form 2-1 ( Personnel Qualification Record) shows that he was assigned to the 13th Battalion, 4th Training Brigade, United States Army Armor Center and Fort Knox, Fort Knox, KY on 4 June 1984.  .  

	c.  His service record contains four counseling statements on various offenses:

* 5 June 1984, initial performance counseling
* 20 July 1984, extreme depression due to untimely death of his mother
* 23 July 1984, recommended to chaplain
* 31 July 1984, lack of motivation and desire to remain in the service

	d.  The Community Mental Health Activity (CMHA) at Fort Knox recommended that the applicant be removed from further emotional stresses involved in basic training/ one station unit training (BT/OSUT) pending separation.  His prognosis for an adequate adjustment to the military was poor at that time.  

	e.  On 20 July 1984 the applicant underwent a psychiatric evaluation and the examiner stated that the behavioral and attitudinal problems rendered him incapable of successfully coping with the emotional stress of military training.  It was recommended that command pursue appropriate administrative action necessary to expedite elimination from military service.  

	f.  The applicant elected to no undergo a medical examination for separation from active duty on 3 August 1984.  

	g.  The applicant was notified by the immediate commander of the proposed discharge under the provisions of AR 635-200 (Enlisted Personnel – Personnel Separations), chapter 11, Entry Level Performance and Conduct (Training Discharge Program) on 1 August 1984.  He informed him of her 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. 

	h. On 2 August 1984, after being advised by counsel of the reasons for separation and the right that were available to him, 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 declined a separation physical.  

	i.  Following the acknowledgement, the applicant’s immediate commander initiated discharge proceeding on 2 August 1984 under the provisions of AR 635-200, chapter 11, Entry Level Performance and Conduct.  The applicant showed a lack of motivation and desire to remain in the military because of the sudden death of his mother.  He experienced signs of emotional and social maladjustment to the military indicated by extreme depression, poor concentration, and was on the verge of mental breakdown.

	j.  Consistent with the chain of command recommendation, on 6 August 1984 the separation authority approved the applicant’s discharge under the provisions of AR 635-200, chapter 11, Entry Level Performance and Conduct and directed her characterization to be uncharacterized.

	k.  The applicant was discharged from Army on 9 August 1984.  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.  His service characterization is uncharacterized.  He completed a period of 2 months and 10 days.

4.  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.  

5.  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:
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 AD.  

	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 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.  

	e.  Paragraph 11-2, states that separation of a Soldier in entry level status may be warranted on the ground of unsatisfactory performance or unsatisfactory conduct (or both) as evidenced by:  inability, lack of reasonable effort, failure to adapt to the military environment, and minor disciplinary infractions.

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)	 AR20170015544


2


1