ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  9 April 2019

	DOCKET NUMBER:  AR20180014505


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his service was characterized as under honorable 
conditions (general).

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)

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 the type of discharge he was issued is a disservice.  He may 
not have served during war or for a long period of time but he served honorably.

3.  The applicant enlisted in the Regular Army on 2 January 1997.  He entered active 
duty for training, for the purpose of completing his initial entry training; however, his 
record indicates he did not finish his initial entry training.

4.  The applicant's record contains a DA Form 4856 (General Counseling Form), dated 
3 February 1997, which shows he received a consolidated counseling for the following:

*	first sergeant warning
*	physical training assessment test failure (1st through 4th attempt)
*	failure to meet minimum push-up standard

5.  The applicant's immediate commander notified him on 7 February 1997 that she was 
initiating actions to separate him under the provisions of Army Regulation 635-200 
(Personnel Separations – Enlisted Personnel), Chapter 11, for entry level status 
performance and conduct.  The specific reason was his failure to meet exit standards 
for basic training.

6.  The applicant acknowledged receipt of the separation notification.  He waived his 
right to consult with counsel and elected not to make any statements in his own behalf.

7.  The applicant's immediate commander formally recommended, on 7 February 1997, 
the applicant's separation under the provisions of Army Regulation 635-200, Chapter 
11.  The separation authority approved the recommended action under the provisions of 
Army Regulation 635-200, Chapter 11, for entry level separation.  The separation 
authority directed that the applicant's service be uncharacterized.

8.  The applicant was discharged on 14 February 1997, under the provisions of Army 
Regulation 635-200, Chapter 11.  The DD Form 214 (Certificate of Release or 
Discharge from Active Duty) he was issued shows he completed 1 month and 13 days 
of net active service and he was not awarded a military occupational specialty.  His 
service was uncharacterized.

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.  

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 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 sets forth the 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.  Paragraph 3-7b states a general discharge is a separation from the Army under 
honorable conditions.  When authorized, it is issued to Soldiers whose military record is 
satisfactory but not sufficiently meritorious to warrant an honorable discharge.

	d.  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)	 AR20180014505

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