ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20180011938


APPLICANT REQUESTS:  in effect, correction of her narrative reason for discharge and 
an upgrade of her uncharacterized service to honorable.
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)

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 enlisted in the Regular Army on 2 December 1987.

3.  On 26 May 1988, 5 months and 24 days after she entered active duty, the applicant's 
company commander notified her that he was initiating action to separate her from the 
Army under the provisions of Army Regulation 635-200 (Personnel Separations – 
Enlisted Personnel), chapter 11, for unsatisfactory performance while in entry level 
status and an inability to adapt to military life.  The applicant acknowledged receipt of 
the separation notification action, consulted with counsel, and elected to submit a 
written statement in her own behalf.
4.  The applicant provided a statement in which she claimed, in effect, that she did not 
want to be in the Army and could no longer cope.  For her peace of mind, she requested 
to be separated from the Army so she could finally start living for herself and not live the 
dreams of her father.
5.  The applicant's company commander submitted a memorandum to the separation 
authority recommending the applicant be discharged under the provisions of Army 
Regulation 635-200, chapter 11, for unsatisfactory performance while in an entry level 
status.  The commander stated the applicant demonstrated she was unable to cope with 
the military environment.  
6.  The separation authority approved the unit commander's request, on 16 June 1988, 
and directed the applicant's separation under the provisions of Army Regulation 635-
200, chapter 11, with an uncharacterized entry level separation.
7.  On 6 July 1988, the applicant was released from active duty.  Block 24 (Character of 
Service) of the applicant's DD Form 214 shows she received an "uncharacterized" 
characterization of service.  Block 25 (Separation Authority) shows that she was 
discharged under the provisions of Army Regulation 635-200, chapter 11-3a.  Block 28 
(Narrative Reason for Separation) shows "entry level status."  This form also shows that 
she completed 7 months and 5 days of creditable active military service.
8.  There is no indication that the applicant applied to the Army Discharge Review Board 
for an upgrade of her discharge within its 15-year statute of limitations.
9. During the first 180 days of continuous active military service, a member's service is 
under review.  When initiation of separation is within the first 180 days, service is 
usually not characterized unless the circumstances of the separation warrant an under 
other than honorable conditions discharge.  An honorable characterization may be given 
only if the service clearly warrants that characterization by unusual circumstances of 
personal conduct and performance of military duty and it is approved by the Secretary 
of the Army.
10.  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.  
BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and published DoD guidance for consideration of discharge 
upgrade requests.  The Board considered the applicant’s statement, her record and 
length of service, the frequency and nature of her performance issues and the reason 
for her separation.  The Board found that the applicant was in an entry-level status at 
the time separation actions were initiated.  The Board found insufficient evidence of in-
service mitigation for her performance issues and the applicant provided no evidence of 
post-service achievements or letters of reference in support of a clemency 
determination.  Based on a preponderance of evidence, the Board determined that the 
character of service the applicant received upon separation was not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.


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.


ADMINISTRATIVE NOTE(S):

Not Applicable



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 635-200, chapter 11, establishes policy and prescribes procedures 
for separating members because of unsatisfactory performance or conduct (or both) while 
in an entry level status.  It states, in pertinent part, that separation under this chapter 
applies to Soldiers who are in an entry level status and, before the date of the initiation of 
separation action, have completed no more than 180 days of continuous active duty and 
have demonstrated that they cannot or will not adapt socially or emotionally to military life.  
Entry level status is defined as the first 180 days of continuous active duty.  It further 
states that the character of service for members separated under the provisions of this 
chapter will be uncharacterized.

3.  Chapter 3 of Army Regulation 635-200 describes the different types of 
characterization of service.  It provides, in pertinent part, that an uncharacterized 
separation is an entry-level separation.
     a.  A separation will be described as an entry-level separation if processing is 
initiated while a member is in an entry-level status, except when the characterization of 
under other than honorable conditions is authorized or when the Secretary of the Army, 
on a case-by-case basis, determines that a honorable discharge is clearly warranted by 
the presence of unusual circumstances involving personal conduct and performance of 
duty.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous 
active duty or the first 180 days of continuous active duty following a break in service of 
more than 92 days of active military service.
	b.  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.


ABCMR Record of Proceedings (cont)	 AR20180011938

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