BOARD DATE:  28 February 2020

		DOCKET NUMBER:  AR20180012342


APPLICANT REQUESTS: requests the characterization of his service be changed from 
uncharacterized to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the 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 was promised his characterization of service would be 
upgraded 6 months after his discharge.

3.  The applicant enlisted in the Regular Army on 1 August 1997.  He did not complete 
initial entry training and was not awarded a military occupational specialty. 

4.  He was counseled on several occasions between 14 August 1997 through               
18 October 1997, concerning his failure to pass the Army Physical Fitness Test (APFT) 
and failing to meet basic rifle marksmanship (BRM) qualification.

5.  On 22 October 1997, his commander notified him he was contemplating initiating 
action to accomplish his separation him from the Army under the provisions of chapter 
11 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel).  His 
specific reason for his proposed action was the applicant failed to meet BRM and final 
APFT standards.  His commander recommended he receive a service characterization 
of uncharacterized.  The commander informed the applicant of his rights. 

 6.  On 23 October 1997, he waived his rights and did not submit a statement in his own 
behalf.  He indicated understood he would be ineligible to apply for enlistment in the 
Army for a period of 2 years after discharge.

7.  On 30 October 1997, the applicant battalion commander recommend approval of the 
applicant's entry-level separation under the provisions of Army Regulation 635-200.

8.  On 12 November 1997, he was discharged in accordance with the battalion 
commander's recommendation.  Item 24 (Character of Service) of his DD Form 214 
(Certificate of Release or Discharge from Active Duty) shows his service was 
uncharacterized.
  
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, his record and 
length of service, the counselling statements in the records, the separation packet and 
the reason for his separation.  The Board found that applicant did not complete required 
training and was not awarded an MOS.  The Board considered the policy specific to 
separation of Soldiers in an entry-level status.  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.













REFERENCES:

1.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for 
Correction of Military Records (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.  Chapter 11 provides for the separation of personnel due to unsatisfactory
performance or conduct, or both, while in an entry-level status.  This provision applies to
individuals who demonstrate they are not qualified for retention because they cannot adapt
socially or emotionally to military life; because they lack the aptitude, ability, motivation, or
self discipline for military service; or because they demonstrate characteristics not
compatible with satisfactory continued service.  The separation policy applies to Soldiers
who cannot meet the minimum standards prescribed for successful completion of training
because of lack of aptitude, ability, motivation, or self-discipline.  Army Regulation 635-200
requires an uncharacterized description of service for separation under chapter 11.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180012342


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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