ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 August 2019 DOCKET NUMBER: AR20180011249 APPLICANT REQUESTS: an upgrade of her uncharacterized discharge to a general, under honorable conditions 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 according to documentation, she is a veteran. In Texas, an uncharacterized discharge cannot be used for the Hazelwood act, it is not recognized. She knows that she was not enlisted long enough to receive any benefits; however, colleges and universities recognize her as a veteran, but not her discharge status. The Hazelwood benefits would help her in so many ways. 3. A review of the applicant’s service record shows: a. Having had prior service in the Army Reserve Delay Entry Program, she enlisted in the Regular Army on 5 June 1997. b. Her DA Form 2-1 ( Personnel Qualification Record) shows she was assigned to the Charlie Company, 2nd Battalion, 60th Infantry, 1st Basic Combat Training Brigade, Fort Jackson, SC on 20 June 1997. c. Her service record contains four counseling statements on 12 and 26 September 1997, 10 and 23 October 1997 for failing to meet minimum standard on the physical fitness test. d. The applicant was notified by the immediate commander of the proposed discharge under the provisions of AR 635-200 (Enlisted Personnel – Personnel Separations), chapter 11, Entry Level Performance and Conduct (Training Discharge Program) on 28 October 1997, she failed two consecutive end of cycle physical fitness tests administered to you on 8 Oct 97 and 22 Oct 97. He informed her of her rights to consult with consulting counsel, the right to submit a statement on her own behalf, the right to request a separation physical, and the right to waive the rights in writing. e. On 29 October 1997, after being advised by counsel of the reasons for separation and the right that were available to her, the applicant acknowledged receipt of the notification of her proposed discharge from the Army. She elected not to submit a statement in her own behalf. f. Following the acknowledgement, the applicant’s immediate commander initiated discharge proceeding on 4 November 1997 under the provisions of AR 635-200, Chapter 11, Entry Level Performance and Conduct. The applicant failed two consecutive end of cycle physical fitness tests administered on 8 October 1997 and 22 October 1997. g. Consistent with the chain of command recommendation, the separation authority approved the applicant’s discharge under the provisions of AR 635-200, Chapter 11, Entry Level Performance and Conduct and directed her characterization to be an uncharacterized entry level discharge. h. The applicant was discharged from the Army on 12 December 1997. Her DD Form 214(Certificate of Release or Discharge from Active Duty) shows she was discharged under the provisions of AR 635-200, Chapter 11, Entry Level Performance and Conduct SPD (JGA). Her service characterization is uncharacterized. She completed a period of 6 months and 8 days of net active service. 4. There is no evidence the applicant has applied to the Army Discharge Review Board for review of her discharge within that board's 15-year statute of limitations. 5. By regulation, AR 635-200 states that a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation. Paragraph 3-9 states the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the government and Secretarial plenary authority. Paragraph 4-4, characterization of service states that a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry level status and service is uncharacterized. 6. The Board can consider the applicant's petition and her service record 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. X CHAIRPERSON Signed by: 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 (Enlisted Personnel – Personnel Separations), sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a states 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 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, or a characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization. It will not be issued to Soldiers upon separation at expiration of their period of enlistment, military service obligation, or period for which called or ordered to AD. c. Paragraph 3-9, states for entry level status separation. A separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status, except in the following circumstances: • when characterization Under Other Than Honorable Conditions is authorized under the reason for separation and is warranted by the circumstances of the case • the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the government and Secretarial plenary authority d. Paragraph 11–1, sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status. e. Paragraph 11-2, states that separation of a Soldier in entry level status may be warranted on the ground of unsatisfactory performance or unsatisfactory conduct (or both) as evidenced by: inability, lack of reasonable effort, failure to adapt to the military environment, and minor disciplinary infractions. 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) AR20180011249 3 1