ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 July 2019 DOCKET NUMBER: AR20180012353 APPLICANT REQUESTS: a correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show (item 24) character of service as general, under honorable conditions. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Army National Guard (ARNG) retirement record * Record of assignments * Orders D-08-066338, dated 8 August 1989 (Discharge) * NGB Form 22 (Report of Separation and Record of Service) * Orders 196-40 release from active duty * DD Form 214 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 his discharge should state general, under honorable conditions. He was discharged due to change in reserve units. 3. A review of the applicant’s service record shows the following: a. He enlisted in the Army National Guard (ARNG) on 15 August 1983. b. Orders 157-6, dated 14 August 1984, show the applicant was ordered to active duty for training (ADT) from 17 June 1985 for an indefinite period of time. c. His DA Form 2-1 (Personnel Qualification Record) (item 35 record of assignments) shows a General, Under Honorable Conditions Discharge Certificate was issued on 17 July 1985. d. The complete facts and circumstances surrounding the applicant's discharge action are not available for review with this case e. Orders 196-40, dated 15 July 1985, show the applicant was released from active duty for training with an effective date of 17 July 1985. f. His DD 214 shows that he was released from active duty on 17 July 1985, under the provisions of Army Regulation 635-200 (Personnel Separations-Enlisted Personnel), chapter 11 for entry level status performance and conduct. It also shows that he completed 1 month and 1 day of active service. He was transferred to the ARNG. It further shows: * Item 23 (Type of Separation) shows relief from Active Duty * Item 24 (Character of Service) shows “Uncharacterized” * Item 25 (Separation Authority) AR 635-200, chapter 11 * Item 28 (Narrative Reason) Entry level status performance and conduct g. NGB Form (Report of Separation and Record of Service) shows a discharge date of 17 July 1985 from the ARNG with a net service of 1 year, 11 months, and 3 days. Character of service (item 24) shows general, under honorable conditions. h. Orders 159-62, dated 19 August 1985, shows the applicant was discharged from the ARNG with an honorable discharge and then transferred to the U.S. Army Reserve. i. Orders D-08-066338, dated 8 August 1989, shows the applicant was discharged from the Army Reserves with a honorable discharge and effective date of 15 August 1989. 4. By regulation, AR 635-200 states this chapter sets forth policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status. 5. By regulation, Army Regulation (AR) 635-5 (Separation Documents): * Item 23 (Type of Separation) enter, relief from active duty, discharge, retirement, separation to continue on Active Duty, separation and order to additional Active Duty, relief from Active Duty, release from custody and control of the Army, relief from Active Duty and discharge from the reserve of the Army * Item 24 ( Character of Service) ) authorized entries are honorable, under honorable conditions (general), under other than honorable conditions, bad conduct, dishonorable, to be determined, not applicable * Item 25 (Separation Authority) enter the regulatory or statutory authority cited in directives authorizing separation\ * Item 28 (Narrative Reason for Separation) enter the reason for separation (shown in AR 635-5-1) based on the regulatory or statutory authority 6. By regulation (AR 635-5-1), Soldiers separating under the provisions of chapter 11 of AR 635-200 are assigned Separation Code LGA. The Narrative Reason for Separation associated with this chapter and separation Coder is “Entry level status performance and conduct." 7. In reaching its determination, the Board can consider the applicants petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. 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; he maintained entry level status for not completing initial entry training as a Reserve Component Soldier. 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) 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 1-13a (Honorable Discharge) states that an honorable discharge is a separation with honor. Issuance of an Honorable Discharge Certificate is predicated upon proper military behavior and proficient performance of duty during the member’s current enlistment or period of obligated service with due consideration for the member’s age, length of service, grade, and general aptitude. b. Paragraph 1-13b (General Discharge) states that a general discharge is a separation from the Army under honorable conditions. It is issued to a member whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The recipient of a general discharge is normally a member whose military record and performance is satisfactory. c. Chapter 11 of this regulation provides that when separation of a Soldier in entry level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by a) Inability, b) lack of reasonable effort, or c) failure to adapt to the military environment, the Soldier normally will be separated per this chapter. However, nothing in this chapter prevents separation under another provisions of this regulation when such a separation is warranted. Paragraph 11-3a, of this regulation states this policy applies to Soldiers who have demonstrated that they are not qualified for retention. The following conditions are illustrations of conduct that does not qualify for retention a) cannot or will not adapt socially or emotionally to military life b) cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline. 3. By regulation, AR 635-200 states this chapter sets forth policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status. 4. By regulation, Army Regulation (AR) 635-5 (Separation Documents): * Item 23 (Type of Separation) enter, relief from active duty, discharge, retirement, separation to continue on Active Duty, separation and order to additional Active Duty, relief from Active Duty, release from custody and control of the Army, relief from Active Duty and discharge from the reserve of the Army * Item 24 (Character of Service) ) authorized entries are honorable, under honorable conditions (general), under other than honorable conditions, bad conduct, dishonorable, to be determined, not applicable * Item 25 (Separation Authority) enter the regulatory or statutory authority cited in directives authorizing separation\ * Item 28 (Narrative Reason for Separation) enter the reason for separation (shown in AR 635-5-1) based on the regulatory or statutory authority 5. By regulation (AR 635-5-1), Soldiers separating under the provisions of chapter 11 of AR 635-200 are assigned Separation Code LGA. The Narrative Reason for Separation associated with this chapter and separation Coder is “Entry level status performance and conduct." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180012353 0 4 1