IN THE CASE OF: BOARD DATE: 9 April 2020 DOCKET NUMBER: AR20180013047 APPLICANT REQUESTS: in effect, a DD Form 214 with an honorable discharge to be considered a “Veteran.” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Records) * High School Transcripts reflecting three years of ROTC * DD Form 4 (Enlistment/Reenlistment Document), dated June 13, 1984 * DA Form 2-1 (Personnel Qualification Record), dated July 18, 1984 * Memorandum – Subject: Proposed Separation Action UP Entry Level Status Performance Conduct (Trainee Discharge Program), dated August 10, 1984 * First Indorsement – Subject (Proposed Discharge Action UP Trainee Discharge Program (TDP) dated August 10, 1984 * Second Indorsement – Subject (Proposed Discharge Action UP Trainee Discharge Program (TDP) dated August 10, 1984 * Third Indorsement – Subject (Proposed Discharge Action UP Trainee Discharge Program (TDP) dated August 10, 1984 * Fourth Indorsement – Subject (Proposed Discharge Action UP Trainee Discharge Program (TDP) dated August 15, 1984 * National Personnel Records Center letter indicating no DD Form 214 (Certificate for Release or Discharge) was provided since she had less than 90 days of active duty training, dated February 27, 2014 * National Personnel Records Center letter indicating the type of discharge/separation shown as Uncharacterized Separation – Entry Level Separation, May 24, 2018 * Letter of Recommendation for applicant from Professor of Justice Studies, dated June 21, 2018 * Self-Authored letter, dated July 10, 2018 * Letter of Recommendation for applicant from her pastor, dated July 13, 2018 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 in effect: * she is aware it has been thirty-four years since she went to basic training * she is the eleventh of twelve children and very early in life had a desire for a discipline, though she is aware she would have problems with discipline since her father was a stern disciplinarian * her father passed away in the fall of 1979, twelve days before her twelfth birthday. * her dream was to join the military, so she took three years of Junior Reserve Officer Training Corps (JROTC) * After graduating, she voluntarily enlisted for four years of active duty and 4 years in the Army Reserve. * she was promoted based on her JROTC and went to basic training as a Private First Class (PFC) * her intent was to serve, protect and become an asset to the country * while in the military, she noticed her name was not called during mail call, while fellow trainee names were * felt she was targeted early on, since she was not given her mail * While in basic training, she was inattentive during the hand grenade navigational course and tear gas chamber all because she wasn’t receiving mail like the others. * Without receiving mail, she became disoriented and dis-hearted very fast * It was heart-wrenching to be in such a place without receiving mail or any type of encouragement from loved ones * The slow spiral caused her to be shy and she reverted to reading the Bible for encouragement. She feels she was talked to severely, because she was reading the bible. 3. When released from training, she was cursed out. She was sent to see a psychiatrist, who stated there was nothing wrong with her other than not being motivated. All of her mail received while at basic, didn’t get to her until she was discharged and sent home. 4. The applicant attempted repeatedly to reenlist, but was denied. She was never able to go back into the military. Not being able to go back in caused excruciating pain and hurt inside like a pocket of confusion. She couldn’t understand why she wasn’t allowed to reenlist. 5. The applicant moved around a lot, living in Bridgeport, CT for a short while, and took a three month computer course. She was able to get her typing skill to 76 words per minute paving the way for her first job with the State Government. From there she held various government jobs when she returned to Baton Rouge, Louisiana. 6. The applicant says she is a single parent of three with little or no help from the family. She states her faith brought her through troubling times and she purposely didn’t mention working at the women’s prison, because it reminded her of the pain she felt in basic training. Her current employment is with two hotels where she works full time in both. 7. She feels she would have been an asset in the Army, if she had the opportunity to do so. She states that dreams don’t die and someone told her that if she spent one day in the military than she is considered a “Veteran” She has a sister who made a career out of the military and three years later, she is who encouraged her to look into the matter. Though she has less than 90 day of service, she asks the board consider what she has written and respond in kind, definitely letting her know she can be considered a “Veteran”. 8. She states she has two support letters. The letters are from her pastor and a faculty member she knew. 9. She states she has two DD Form 214’s, however, the documents provided are from the National Personnel Records Center explaining why she is not eligible for a DD Form 214 and that she is not a veteran. 10. The applicant's records show she enlisted in the US Army Reserve on 13 June 1984 in the rank of Private (PVT)/E-1 for a period of 8 years. The New Orleans Military Entrance Processing Station issued Orders 121-8, dated 13 June 1984, ordered her to IADT for basic combat training at Fort Jackson, SC, effective 27 July 1984 and advanced individual training at Fort Gordon, GA, effective 28 September 1984. 11. On 23 July 1984, the applicant signed a DA Form 4856-R (General Counseling Form) and was made aware of the standards of basic training and she stated there was no problem to hinder her training and is motivated to complete basic training. 12. On 27 July 1984, the applicant signed a DA Form 4856-R (General Counseling Form) requesting to be discharged from the military service because she could not take the pressures of the military for the following reasons: a. She never participated in sports or physical activities in the past and her body wasn’t designed to be treated this way and she cannot take it. b. She does not believe in saluting Officers (she was then given a short history on the hand salute). c. Her attitude towards the military remained unchanged and it could be potentially destructive to other trainees. 13. On 29 July 1984 at 0830 hours, the Cadet in charge of the section wrote a hand written note wherein he stated, the applicant refused to obey a direct order issued by the Drill Sergeant. She refused to assist the other trainees clean the barracks, drop down and do push-ups as ordered and displayed a poor attitude. She was taken to the orderly room wherein the CQ recommended she receive a Company Grade Article 15. 14. On 29 July 1984, the applicant signed a DA Form 4856-R wherein she was counseled on her attitude and for failing to obey a direct order. She reiterated her feelings from July 27th and was referred to the Company Commander for a Company Grade Article 15. 15. On 30 July 1984, the applicant signed a DA Form 4856-R wherein she was counseled for her conduct on the 27th through the 29th of July 1984. She also stated she should not be required to do physical training and that she did not come in to the service to be a Soldier and killing is against her beliefs. 16. On 31 July 1984, the applicant signed a DA Form 4856-R wherein she was referred for counseling pertaining to her attitude. She was also being considered for an Article 15. Several things were apparent after the counseling: * the applicant fully understood what she was getting into when she enlisted * she rationalized numerous reasons why she shouldn’t be there * she was intelligent but immature * she wants out and will find any number of reasons why she should go home * her retention potential is non-existent * she is recommended separation ASAP 17. On 1 August 1984, the applicant signed a DA Form 4856-R wherein she acknowledged: * On 23 July 1984, she was made aware of standards * On 27 July 1984, she requested out of the military, displayed lack of motivation * On 29 July 1984, she failed to follow orders and was counseled for failure to obey a direct order, and her bad attitude * On 30 July 1984, she was counseled by the First Sergeant * On 31 July 1984, she was referred for further counseling and recommended for separation * On 1 August 1984, she recommended for discharge under the Trainee Discharge Program immediately. She received a performance counseling and referred to the Executive Officer for further counseling 18. On 2 August 1984, the applicant signed a DA Form 2627 (Summarized Record of Proceedings Under Article 15, UCMJ) indicating that she disobeyed a lawful order in violation of Article 15. The applicant did not request trial by court martial in the Article 15 proceedings. 19. On 3 August 1984, the applicant signed a DA Form 4856-R wherein she was referred for counseling by the Company Commander and she stated that she lost motivation to cont9inue her training. 20. On 4 August 1984, punishment imposed was as follows: a. Correctional custody for seven (7) day suspended until 17 August 1984 b. Forfeiture of $133.00 21. On August 10, 1984, the applicant received a letter with the subject: Proposed Separation Action UP Entry Level Status Performance and Conduct (Trainee Discharge Program). The applicant was separated under the provisions of Chapter 11, AR 635- 200 (Trainee Discharge Program), and was discharged from the United States Army. a. The specific reasons for the proposed action were: * lacks self-discipline, motivation and attitude * given sufficient time for improvement, yet none had been noted b. The final decision rests with the separation authority and if approved, an entry level separation with uncharacterized service would be initiated. This separation will not allow the applicant to reenlist into the United States Army within 2 years from the separation date. c. The applicant was made aware of her rights under the provisions of AR 635-200 Chapter 2, paragraph 2: * Right to counsel * Right to submit statements on her behalf * Right to obtain copies of the documents provided to the separation authority * Right to request a separation physical * Ability to waive rights d. She was given the opportunity to respond in 7 days and complete the acknowledgement of the separation action 22. The applicant acknowledged the notification of proposed separation on the Fort Jackson Form 140 on August 10, 1984 and indicated she understood all that was in the separation packet where in it stated:. a. The final decision - she was not recommended to be recycled. b. She refused counsel by a commissioned officer of the Judge Advocate General’s Corps. 23. On August 17, 1984, the applicant received HQs, US Army Training Center and Fort Jackson Order 161-777 reflecting she be discharged on August 21, 1984 with a discharge of uncharacterized. She was issued a DD Form 220 (Active Duty Report) reflecting her tour of duty was terminated on August 21, 1984. 24. The applicant provides: a. High School Transcripts reflecting three years of ROTC allowing her to be advanced to the rank of PFC by her unit. b. DD Form 4 (Enlistment/Reenlistment Document), reflecting her initial enlistment into the Army Reserve on 13 June 1984. c. DA Form 2-1 (Personnel Qualification Record), reflecting her rank as PFC and her shipment to basic training at Fort Jackson. d. Second Indorsement – Subject (Proposed Discharge Action UP Trainee Discharge Program (TDP), indicating: * the applicant had substandard performance, lacks self-discipline, motivation and attitude * the applicant would not be recycled * the applicant refused counsel by a commissioned officer of the Judge Advocate General’s Corps e. Memorandum – Subject: Proposed Separation Action UP Entry Level Status Performance Conduct (Trainee Discharge Program), given to the applicant referring to her proposed separation from the Army under Chapter 11, AR 635-200. f. Fourth Indorsement – Subject (Proposed Discharge Action UP Trainee Discharge Program (TDP) reflecting she would be separated from the Army with a character of service as uncharacterized and reassignment for rehabilitation purposes is waived. g. NPRC letters wherein she is informed that a DD Form 214 (Report of Separation) was not issued because the applicant had no active service or had less than 90 consecutive days of active duty for training. Further she is informed her discharge/separation is shown as “Uncharacterized Separation – Entry Level Separation.” Entry Level Status is defined as the first 180 days of continuous active duty or active duty for training. A separation initiated while a member is in entry level status may be described as an “uncharacterized entry-level separation. Upon her separation, she would not receive a discharge certificate or character of service. h. Letter of Recommendation for applicant from Professor of Justice Studies indicating the applicant is honest, trustworthy and reliable. i. Letter of Recommendation for applicant from her pastor, indicating that the applicant’s issues during her military time were caused by circumstances beyond her control. 25. See references below. BOARD DISCUSSION: 1. The carefully considered the applicant’s request, supporting documents and evidence on the records. The Board considered the applicant’s statement, her record and length of her service, the applicant’s counselling statements, the frequency and nature of her misconduct, the notification for separation, the reason for her separation and her discharge orders. The Board found insufficient evidence of in-service mitigation for the conduct that led to her separation and the applicant provided no evidence of post-service achievements in addition to her statement and one letter of reference in support of a clemency determination. Based on a preponderance of evidence, the Board determined that the character of service and the applicant’s separation wasnot 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 :XXX :XXX :XXX 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 135-178 establishes policies, standards, and procedures governing the administrative separation of enlisted Soldiers from the USAR. Chapter 5 in effect at the time provided for the separation of enlisted Soldiers in an entry-level status. Entry- level status applied to Soldiers who completed no more than 180 days of continuous and creditable active military service on the current enlistment by the date of separation. The glossary in this regulation defined entry-level status as follows: a. for Soldiers ordered to IADT for one continuous period, 180 days after beginning training b. for Soldiers ordered to IADT for the split or alternate training option, 90 days after beginning Phase II (advanced individual training) c. Soldiers completing Phase I (basic combat training) remain in an entry-level status until 90 days after beginning Phase II 3. Army Regulation 135-178, Paragraph 1-20 states a separation is described as an entry-level separation if the separation processing is initiated while a Soldier is in an entry-level status, except when a characterization of under other than honorable conditions is authorized and is warranted by the circumstances or when the Secretary of the Army, on a case by case basis, determines the honorable characterization is clearly warranted by the presence of unusual circumstances of personal conduct and performance of duty. 4. AR 635-8 (Separation Processing and Documents) Chapter 5 (Preparing Separation Documents) paragraph 1 (When to prepare the DD Form 214) states it is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of REFRAD, retirement, or discharge. Reserve Component (RC) Soldiers completing 90 days or more days of continuous active duty. For example, such periods may consist of active duty operational support (ADOS), contingency operations-ADOS, active duty operational support-RC, Active Guard Reserve (AGR), or full-time National Guard duty for operational support. Chapter 5 paragraph 2 (When not to prepare a DD Form 214) states a DD Form 214 will not be prepared for personnel found disqualified upon reporting for active duty and who do not perform duties in accordance with orders. 5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 of the regulation in effect at the time provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status. This provision applied to individuals who had demonstrated they were not qualified for retention because they: * could not adapt socially or emotionally to military life * lacked the aptitude, ability, motivation, or self-discipline for military service * demonstrated characteristics not compatible with satisfactory continued service The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. Separation under this chapter applied to Soldiers who were in an entry-level status (i.e., had completed no more than 180 days of continuous active duty before the date of the initiation of separation action). An uncharacterized description of service was required for separation under this chapter. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180013047 9 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1