ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  14 May 2019

	DOCKET NUMBER:  AR20170018190


APPLICANT REQUESTS:  an upgrade of his uncharacterized discharge to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* Applicant’s Written Statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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:  

     a.  He joined the U.S. Army Reserve (USAR), completed basic training and excelled at advanced individual training (AIT), where he was recognized as an honor graduate.  Unfortunately, his mother’s house burned down and as the older brother, he felt he needed to help his younger brothers and mother.  

     b.  He also states the Army recruiter understood his situation and told him that he would be released from active duty and discharged.  He claims that until recently, he had not looked at his DD Form 214 and he did not understand why it reflected the character of service, as entry level status.  He believes that he was a credit to his unit while serving in the USAR.  Also, since leaving the military he has obtained a Bachelor’s degree and worked as a registered nurse for 23 years.  He asks that the Board reconsider his character of service.

3.  A review of the applicant’s service records show:

	a.  He enlisted in the USAR on 14 May 1984.

	b.  He entered active duty for training on 17 April 1985 and completed AIT.

	c.  He was discharged from active duty on 14 June 1985 under the provisions of chapter 4 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) and released to the USAR.  

     d.  His DD Form 214 shows he received an entry level status characterization of service.  Also, he completed 1 month and 28 days of active service.

4.  By regulation, a member will be separated upon expiration of enlistment or fulfillment of service obligation.  The Army considers entry level status as the first 180 days of continuous of active military service.

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 discharge of the applicant being initiated within the first 180 days of military service, the Board found no error or injustice in the current characterization of service.  For that reason, the Board recommended denying the applicant’s request for relief.

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 (Personnel Separations – Enlisted Personnel) sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of enlisted members for a variety of reasons.

	a.  Paragraph 3-7a (Honorable discharge) is a separation with honor. 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 (General discharge) 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.

	c.  Paragraph 11-3 establishes policy for entry level status and states it applies to Soldiers who have completed no more than 180 days of creditable continuous service.

	d.  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.

ABCMR Record of Proceedings (cont)	 AR20170018190


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