ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  2 July 2019

	DOCKET NUMBER:  AR20170016835


APPLICANT REQUESTS:   an upgrade to her character of service

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)
*	Self-authored statement
*	Five letters of support/character statements
*	Department of Veterans Affairs (DVA) Memorandum, Subject: Position of 
Financial Accounts Technician, Saint Louis Regional Office 
*	Performance appraisal

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, in effect:

   a.	She is a hard-working, dedicated individual who is goal-oriented, builds great 
working relationships, and prides herself on the accomplishment of a task or 
assignment.  She does her best to always accomplish her tasks with accuracy and in a 
timely manner, with little or no supervision.  She is known to be dependable, task-
oriented, knowledgeable, caring, giving, and thoughtful of others.  
   
   b.	Although she was unable to fulfill her service obligation, she is still helping her 
country by serving Veterans and their family members through her work with the DVA 
Regional Office in St. Louis, Missouri for the last seven years. 
   



3.  The applicant provides:

   a.	Letter of support, written by the applicant's mother, the applicant was diagnosed 
with scoliosis since she was sixteen years old.  She was treated for a curvature of the 
spine. The applicant seldom allowed her physical disability hold her back from a 
challenge, as evidence by her participation in her high school marching band.  Following 
her discharge, the applicant enrolled in college courses and worked until graduating.  
She occasionally has migraines and back pain (trouble from sitting or standing too 
long). Despite the level of pain she encounters (i.e. one leg shorter than the other, 
migraines, and back problems), she still manages to go to work.
   
   b.	Four character statements, written by friends, and fellow co-workers that attest to 
her work ethics, professional demeanor, and dedication to her job with the DVA.  In 
closing, each letter highly recommends that her discharge be upgraded to honorable. 
   
   c.	Department of Veterans Affairs Memorandum, Subject: Position of Financial 
Accounts Technician, Saint Louis Regional Office, dated 1 September 2017, reflects the 
applicant was accepted for the position of "Financial Accounts Technician." 
   
   d.	Performance appraisal as a program support assistant in the Support Services 
Division of the St Louis Veterans Affairs Regional Office, reflects she was rated as 
"excellent" in the three elements - timeliness, accuracy, and cooperation/organizational 
support.

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

   a.	She entered the Regular Army on 1 May 2002.
   
   b.	The complete facts and circumstances surrounding her separation are not 
available for review.  .
   
   c.	Her DD Form 214 reflects she was discharged on 27 June 2002, under the 
provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted 
Personnel), chapter 5-17, physical condition not a disability, with a characterization of 
service of uncharacterized.  She completed 2 months and 15 days of active service.  
Her DD Form 214 also shows in: 

*	Item 23 (Type of Separation) - Discharge
*	Item 26 (Separation Code) – JFV
*	Item 27 (Reentry Code) - 3
*	Item 28 (Narrative Reason for Separation) - Physical Condition, Not a 
Disability

5.  Army Regulation (AR) 635-200, paragraph 5-17b, provides that when a commander 
determines that a Soldier has a physical or mental condition that potentially interferes with 
assignment to or performance of duty, the commander will refer the Soldier for a medical 
examination and/or mental status evaluation.  

6.  The Board should consider the applicant's submissions 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, her 
DD Form 214 properly shows her 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 (Active Duty Enlisted Administrative Separations), sets forth the basic 
authority for the separation of enlisted personnel.  

   a.  Paragraph 3-7a provides that 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 3-7a(1) provides that only the honorable characterization may be 
awarded a Soldier upon completion of his/her period of enlistment or period for which 
called or ordered to active duty (AD) or active duty training (ADT) or where required 
under specific reasons for separation, unless an entry-level status separation 
(uncharacterized) is warranted.

   c.  Paragraph 3-7b provides that 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.  

   d.  Paragraph 5-17 of the regulation provides, in pertinent part, that Commanders may 
approve separation under this paragraph on the basis of other physical or mental 
conditions not amounting to a disability and excluding conditions appropriate for separation 
processing under paragraph 5-11 or 5-13 that potentially interfere with assignment to or 
performance of duty.

   e.  Entry-level status is defined as, for Regular Army Soldiers, the first 180 days of 
continuous AD or the first 180 days of continuous AD following a break of more than 92 
days of active military service.

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)	 AR20170016835

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