ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 July 2019 DOCKET NUMBER: AR20180006928 APPLICANT REQUESTS: an upgrade of his characterization of service from uncharacterized to honorable. 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, in effect, he requests an upgrade because it is a Florida driver’s license requirement. 3. A review of the applicant’s service record shows: a. He enlisted in the Army National Guard of Florida (FLARNG) on 22 February 2002. b. A DA Form 3349 (Physical Profile) shows he received an permanent profile for an ankle sprain on 9 October 2002. The profiling official noted his condition existed prior to service (EPTS) and a separation was initiated. c. His records are void of separation documentation for the Board to review. d. On 15 November 2002, the applicant was discharged under the provisions of AR 635-200, chapter 5. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 2 months and 17 days of active service. It shows in: * item 23 (Type of Separation), Released from Active Duty Training and Discharge from the Reserve of Army and return to FLARNG. * item 24 (Character of Service), Uncharacterized * item 25 (Separation Authority), AR 635-200, Paragraph 5-11 * item 26 (Separation Code), JFW (Failed Medical/Physical Procurement Standards) * item 27 (Reentry Code), NA * Item 28 (Narrative Reason for Separation), Failure to Meet Procurement Medical Fitness Standards e. His National Guard Bureau Form 22 (Report of Separation and Record of Service), reflects that he was released from the Army National Guard under the provisions of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) paragraph 8-26b(3), with an uncharacterized characterization of service on 15 December 2002. He had 9 months, an 11 days of inactive service. 4. The applicant's record is void of evidence that shows he/she applied for a discharge upgrade with the Army Discharge Review Board within 15 years of the separation. 5. By regulation AR 635-200, Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty for initial entry training, will be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was-identified by appropriate military medical authority within 6 months of the Soldier's initial, entrance on active duty for regular Army. 6. By regulation (AR 135-178), a Soldier may be separated for the convenience of the Government. The separation authority may approve discharge under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of military duty. 7. In reaching its determination, the Board can consider the applicant's petition, his service record, and his statements in light of the published guidance on equity, injustice, or clemency. BOARD DISCUSSION: 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, his DD Form 214 properly shows his service as uncharacterized. 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. Army Regulation (AR) 135-178 (), sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard of the United States (ARNGUS) and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance 3. Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel. a. An honorable discharge was a separation with honor and entitled the recipient to benefits provided by law. The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would have been clearly inappropriate. b. An entry level status separation, is a separation that will be described as an entry level separation with service uncharacterized if processing is initiated while a soldier is in entry level status c. Chapter 5, in effect at the time, establishes that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty for initial entry training, will be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was-identified by appropriate military medical authority within 6 months of the soldier's initial, entrance on active duty for RA. 4. 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. Army Regulation (AR) 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180006928 3 1