ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  17 June 2019

	DOCKET NUMBER:  AR20180012580


APPLICANT REQUESTS: an upgrade of his uncharacterized discharge.

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 (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 he would like his discharge upgraded to honorable or other than 
honorable.  At the time they were giving everyone this type discharge.  He was injured 
and was offered connections, but were not given them.  He have been under medical 
care and can’t afford some things now.

3.  Review of the applicant's service records show:

	a.  He enlisted in the Regular Army on 30 January 1997.

	b.  The applicant accepted nonjudicial punishment (NJP) under the provisions of 
Article 15 on 18 February 1997, for being disrespectful in language and deportment 
toward a non-commissioned officer.

	c.  The applicant accepted NJP under the provisions of Article 15 for on or about 
11 April 1997, for fail to obey the same by wrongfully possessing and listening to a CD 
player.

	d.  On 5 May 1997, the applicant's immediate commander notified the applicant of 
his intent to initiate separation action against him in accordance with chapter 11 (entry 
level status performance and conduct) of Army Regulation (AR) 635-200 (Personnel 
Separation), entry level separation for failure to adapt.

	e.  On 7 May 1997, the applicant acknowledged the separation action from the 
commander.  He acknowledged his understanding that if the discharge action were 
approved, he would receive an entry level separation with uncharacterized service.  He 
further made the following elections:

*	he desired to consult with counsel
*	he desired to make statements on her own behalf
*	he did not desire to obtain copies of documents that will be sent to the 
separation authority supporting the proposed separation
*	he did not waive the above in writing 

	f.  The applicant submitted a statement wherein he stated that he wanted to be 
released from active duty.  He contended that he was a good Soldier, trying to better 
himself by going into the military.  He made a bad choice by listening to other Soldiers 
telling him go the wrong way.  He made mistakes that can't be changed.  He wishes to 
continue his military service in the Reserves. 

	g.  Following this acknowledgement, the commander initiated separation action 
against the applicant. The chain of command recommended approval. 

	h.  On 13 May 1997, the separation authority stated he had reviewed the applicant's 
performance records.  The applicant had not demonstrated the ability to be a productive 
Soldier and could not meet the minimum standards prescribed for successful 
completion of training because of lack of aptitude, ability, motivation and self-discipline. 
Therefore, the separation authority ordered his discharge from the Army under the 
provisions of chapter 11, AR 635-200 as soon as possible, with an entry level 
separation. 

	i.  The applicant was discharged from active duty on 19 May 1997.  His DD Form 
214 shows he was discharged under the provisions of chapter 11, AR 635-200, and he 
received an uncharacterized discharge due to entry level status performance and 
conduct.  He completed 3 months and 20 days of active service. 

4.  By regulation (AR 635-200), the Army considers a separation an entry-level 
separation if processing is initiated while a member is in an entry-level status.  During 
the first 180 days of continuous active military service, a member's service is under 
review. 

	a.  When separated within the first 180 days, service is usually not characterized 
unless the circumstances of the separation warrant an under other-than-honorable 
conditions discharge.  A general discharge is not authorized.

	b.  The entry-level separation is given regardless of the reason for separation. An 
uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An 
uncharacterized character of service is not meant to be a negative reflection of a 
Soldier’s military service.  It merely means that the Soldier has not been in the Army 
long enough for his or her character of service to be rated as honorable or otherwise.  

5.  In reaching its determination, the Board can consider the applicants’ petition in her 
service record in accordance with 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, his 
DD Form 214 properly shows his 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.


	  
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 (Personnel Separations - Enlisted Personnel), sets forth 
the basic authority for the separation of enlisted personnel.  

	a.  Paragraph 3-7a (Honorable discharge) states an honorable discharge is a 
separation with honor.  The honorable characterization is appropriate when the quality 
of the Soldier’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 (General discharge) 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.

	c.  Paragraph 11-1 states this chapter sets policy and provides guidance for the 
separation of personnel because of unsatisfactory performance or conduct (or both) 
while in entry level status.   

	d.  Paragraph 11-3 this policy applies to Soldiers who have completed no more than 
180 days active duty on current enlistment by the date of separation.  Soldiers who 
cannot meet the minimum standards prescribed for successful completion of training 
because of lack of aptitude, ability, motivation or self-discipline. 

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)	 AR20180012580

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