ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  28 June 2019

	DOCKET NUMBER:  AR20170016808


APPLICANT REQUESTS:  an upgrade of his uncharacterized discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States

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 is due an honorable discharge due to a breach of contract.  He wants an upgrade to honorable for personal and medical reasons.

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

a.  He enlisted on 10 May 1988 in the Regular Army.

   b.  On 16 September 1988, the applicant’s immediate commander notified him of his intent to separate him under the provisions of Army Regulation 635-200 (Trainee Discharge Program), Chapter 11, specifically for unsatisfactory performance.

   c.  The applicant acknowledged receipt of the notification of the separation action. He did not desire to consult with counsel. He further acknowledged:

* if approved he would receive an entry level separation with uncharacterized service
* he would not be permitted to apply for reenlistment within two years from his separation

     d.  On 28 September 1988, consistent with the chain of command recommendations, the separation authority approved the discharge recommendation under the provisions of AR 635-200, Chapter 11.  

     e.  He was discharged from Active Duty on 3 October 1988 with an uncharacterized character of service.  His DD Form 214 shows he completed 4 months and 28 days of active service.  It further shows that he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  By regulation members are subject to separation in entry level status by unsatisfactory performance or minor disciplinary infraction or both.

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:

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 separation being initiated within the first 180 days of active duty service, the Board concluded the current characterization of service (uncharacterized) is within regulatory guidance.  Therefore, the Board concluded there is insufficient evidence of an error or injustice which would warrant making a change to the applicant’s 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 (AR) 635-200 (Enlisted Personnel – Personnel Separations), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. 

  a.  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 general 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 3-9a (Entry Level Separation) states a separation will be described as an entry level separation if processing is initiated while a soldier is in an entry level status.
  
  c.  Chapter 11 of that regulation provides members are subject to separation in entry level status by unsatisfactory performance or minor disciplinary infraction or both.

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 regarding equity, injustice or clemency determinations.  Clemency generally refers to relief specifically granted from a criminal sentence and BCMRs may grant clemency regardless of the court-martial forum.  However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to any other corrections, including changes in discharge, which may be warranted on equity or relief from injustice grounds.  The 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 on the basis of equity, an injustice, or clemency grounds, BCMRs shall consider the twelve stated principles in the guidance as well as eighteen individual factors related to an applicant.  These factors include the severity of the misconduct and the length of time since the misconduct.

  

ABCMR Record of Proceedings (cont)	 AR20170016808
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