ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:    6 May 2019

	DOCKET NUMBER:  AR20170015639


APPLICANT REQUESTS: 

* An upgrade to her uncharacterized discharge to honorable
* A personal appearance before the Board

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)
* Letter from Department of Veterans Affairs (VA) for civil service preference, dated 2 August 2010
* Letter from the VA for benefits, dated 28 October 2014

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 that the type of discharge be changed to honorable or update vetverify.org.  The applicant stated she had to be released from the military due to knee problem, that she still has issues with to this day.  The knee injury prevented her from being a successful Soldier and perform to the best of her ability.  During basic training she injured her knee and after an unsuccessful time in PTRP (Physical Training and Rehabilitation Program), she was discharged.  The reason stated on her DD Form 214 says entry level performance and conduct.  She was still having knee problems and went to VA to file a disability claim.  The applicant was awarded 10% service connected disability.  She stated since an uncharacterized discharge is neither good nor bad, and she was able to receive VA benefits she thinks she should be able to participate in the Online Exchange Shopping for Veterans.  The vetverify.org says she is not eligible because she was not honorably discharged and would need to complete a DD Form 149 since it had been more than 15 years since her discharge date.

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

	a.  She enlisted in the Regular Army on 31 August 2000 for 4 years.  At the time of separation, she did not hold a military occupational specialty.  She was assigned to 2nd Battalion, 13th Infantry Regiment, Fort Jackson, SC.

	b.  The complete facts and circumstances surrounding her discharge are not available for review with this case.  

	c.  Her DD Form 214 shows on 8 February 2001, the applicant was separated under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) Entry Level Performance and Conduct, Separation Program Number JGA (Entry level status performance and conduct), her service was uncharacterized and she completed 5 months and 8 days of creditable active military service.

4.  By regulation (AR 635-200), the Army considers a separation an entry-level separation if processing is initiated while a member is in an entry-level status.  During the first 180 days of continuous active military service, a member's service is under review. 

	a.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge.  A general discharge is not authorized.

	b.  The entry-level separation is given regardless of the reason for separation.  An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 

5.  In reaching its determination, the Board can consider the applicants’ petition in her service record in accordance with published equity, injustice, or clemency determination guidance

BOARD DISCUSSION:

After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted.  Based upon the applicant’s administrative separation being initiated within the first 180 days of military service, as well as a lack of any other sufficient justification in the Board’s opinion to change the characterization, the Board concluded there was no error or injustice present which would warranting making a change to the characterization of service.


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) sets forth the basic authority for the separation of enlisted personnel.  

	a.  Army Regulation 635-200, paragraph 3-9a(1), states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.

	b.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.  An uncharacterized description of service was required for separation under this chapter.   Chapter 3 describes the different types of characterization of service.  It states an uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when:

		(1)  Characterization under other than honorable condition is authorized under the reason for separation, and is

		(2)  Warranted by the circumstances of the case or when 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. 

	c.  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.

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.


ABCMR Record of Proceedings (cont)	 AR20170015639


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