BOARD DATE: 14 April 2020 DOCKET NUMBER: AR20180014083 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge for Active Duty) to show his service was characterized as under honorable conditions. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 15 October 2018 * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 15 October 2018 * Army Review Boards Agency (ARBA), Case Management Division (CMD) response letter requesting medical documents to support his assertion of post- traumatic stress disorder (PTSD), dated 4 April 2019 * Applicant’s hand written response, dated 12 April 2019 * ARBA, Congressional Liaison and Inquiries, acknowledgement of receiving his response, dated 14 May 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code (USC), Section 1552 (b); however, the Army Board for Correction of Military Records (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: a. He served and was paid for serving weekends in the Missouri Army National Guard (MOARNG), prior to Basic Training, and this should count towards the amount of time he served so he can get help from the Department of Veterans Affairs (VA). He had mental health issues in basic training and was discharged. He is trying to get help through the VA for his mental issues. b. In his response to CMD’s request for his medical documents to support his assertion of PTSD, he states he was told that a release of information has to be sent from those wanting them [presumably his medical records]. He signed a release but was told it was not right, he is at a loss, and can’t have them sent himself. He requested the agency obtain his mental health records from his current and previous prison, as these mental records should provide information to support his case. 3. In preparation for enlistment into the MOARNG, the applicant underwent an initial entry examination on 13 August 1993. The applicant did not report any mental deficiencies and the examining physician found him qualified for enlistment at the time. 4. The applicant enlisted in the MOARNG on 13 August 1993. He was ordered to Initial Active Duty Training (IADT) on 5 January 1994, at Fort Jackson, SC. 5. The applicant's record is void of a separation packet containing the specific facts and circumstances surrounding his discharge processing. However, Orders Number 032-705, issued by Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, SC on 16 February 1994, ordered the applicant's discharge from the Regular Army effective 17 February 1994, and his return to the control of his ARNG unit. 6. The applicant’s service record contains a DD Form 214 signed by the applicant, which shows he was discharged on 17 February 1994, under the provision of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 11, by reason of entry level performance and conduct. His DD Form 214 further shows his service was uncharacterized. He was credited with completing one month and thirteen days of creditable active military service but was not awarded a military occupational specialty. 7. Orders Number 066-058, issued by the MOARNG on 7 March 1994, discharged the applicant effectie 17 February 1994. The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued shows he was discharged in an entry level status with an uncharacterized discharge and he was credited with completing six months and four days of creditable service. 8. The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant’s military records. The applicant is registered in the VA’s Joint Legacy Viewer (JLV) but has not been diagnosed or treated for any medical conditions to include behavioral health diagnoses. He does not have a service connected disability rating. He has no records in iPERMS. The Armed Forces Health Longitudinal Technology Application (AHLTA), & Health Artifacts Image Management Solutions (HAIMS) did not exist at the time of the applicant’s service. A review of the available documentation did not find medical evidence to support a behavioral health diagnosis at the time of his discharge. There is no misconduct to consider with respect to mitigation. He received a discharge for failure to meet minimum standards of performance required during initial training. His character of service, uncharacterized, is related to his length of service not any degree of misconduct. 9. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. The evidence of record shows the applicant was in an entry-level status at the time of his separation. As a result, his service was appropriately described as "uncharacterized" for this period of active service, in accordance with governing regulations. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the relief was not warranted. The Board reviewed the application, all evidence, and the reason for his separation. The applicant contentions were carefully considered. In addition, the Board considered his medical records, VA documents, the review and conclusions of the advising official, and published DoD guidance for liberal consideration of discharge upgrade request. The Board concurred with the medical advisory opinion finding there is no misconduct to consider with respect to mitigation. 2. 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. 3. 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. 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. 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 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, in effect at the time, sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated. b. Paragraph 3-7a provides that 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. c. Chapter 11 provides for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status. When separation of a Soldier in an entry-level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, he or she will normally be separated per this chapter. Service will be uncharacterized for entry-level separation under the provisions of this chapter. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180014083 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190012823 5 ABCMR Record of Proceedings (cont) AR20180014083 4