ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:    26 April 2019

	DOCKET NUMBER:  AR20170018288


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his characterization of service as either under honorable conditions (general) or honorable and to show he served from 2004 through 2006 and from 2006 through 2009. 

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)
* DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552)
* a two-page personal statement

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S. Code (USC), Section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) 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 had "faithful, disciplined, and honorable service."  His service was "very, very, very top secret."  His DD Form 214 is "slim and vague and not simply inaccurate" but does not display his commitment and love for the service.  It does not recognize his hard work and honorable effort.  Granting his request assists him with relief, peace, thanks, and inspirational hope.  

3.  The applicant enlisted under the U.S. Army Reserve (USAR) Delayed Entry Program on 30 June 2003.  His Office of Personnel Management (OPM) Electronic Personnel Security Questionnaire (EPSQ) Security Clearance Application indicates he had no prior military service, no illegal drug activities, and he had not consulted with any mental health professionals.  

4.  The applicant enlisted in the Regular Army on 21 November 2003.

5.  The applicant received six negative counseling statements for diverse reasons including but not limited to disobeying a lawful order, insubordination toward a noncommissioned officer, disrespect toward noncommissioned officers and drill instructors, dereliction of duty, failure to follow instructions, failure of room inspections, and lack of motivation.

6.  The applicant was brought to the Ireland Army Community Hospital, Fort Knox, KY on 4 January 2004, by emergency medical service personnel for suicidal gestures.  Multiple contusions and minor scrapes were noted by the attending physician and the applicant indicated they were from a physical altercation at a club in New York City.  He was kept briefly for observation.

7.  A line of duty investigation found the applicant's injuries to be in the line of duty as he was not mentally sound.  It was reported that he had been placed under observation at several hospitals prior to returning to Ireland Army Community Hospital on 28 January 2004.  He was diagnosed with an antisocial personality (with homicidal ideations).

8.  The applicant's unit commander notified the applicant on 10 February 2004 that he was recommending the applicant for separation under the provisions of Army Regulations 635-200 (Active Duty Enlisted Administrative Separations), Chapter 5, paragraph 5-13 (personality disorder), with an entry level separation (uncharacterized).

9.  After consulting with counsel, the applicant acknowledged the proposed separation action on 12 February 2004.  He elected to not submit a statement in his own behalf.

10.  The applicant consulted with legal counsel on 12 February 2004.

	a.  He was advised of the basis for the contemplated separation and the possible effects of a discharge under other than honorable conditions, and the procedures and rights that were available to him.  

	b.  Subsequent to receiving legal counsel, the applicant acknowledged the discharge under the provision of Army Regulation 635-200, paragraph 5-13.  

	c.  He was advised he could submit any statements he desired in his own behalf.  There is no evidence that the applicant elected to submit a statement.

11.  The separation authority approved the recommendation for the applicant's discharge on 17 February 2004, under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of a personality disorder.  The separation authority directed that the applicant receive an entry level separation with uncharacterized service.  The separation authority noted the applicant had not completed any military occupational specialty training.

12.  The applicant was discharged on 19 February 2004.  The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for a personality disorder and his service was uncharacterized.  The DD Form 214 shows he was credited with 2 months and 29 days of service with no prior service and no lost time.  

13.  The applicant has not provided and the record does not contain any evidence of any additional periods of military service.

14.  The Army Discharge Review Board denied the applicant's request for an upgrade of his characterization on 15 March 2013.

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.  The Board concluded that based upon the discharge of the applicant being initiated within the first 180 days of active federal service, the characterization currently reflected on the DD Form 214 is accurate and falls within regulatory guidance.  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 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 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 3-7b 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. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.
   
   c.  Paragraph 3-9 sets forth the provisions for uncharacterized separations.  It states that a separation will be described as an entry level separation if processing is initiated while the 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 circumstances of the case.

   d.  Paragraph 5-13 establishes policy and prescribes procedures for separating members for personality disorder (not amounting to a disability under Army Regulation 635-40), a deeply-ingrained maladaptive pattern of behavior which interferes with the individual's ability to perform.  An honorable discharge is issued unless an entry level separation is required. 

ABCMR Record of Proceedings (cont)	 AR20170018288
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