ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:  BOARD DATE: 22 February 2021 DOCKET NUMBER: AR20180014589 
APPLICANT REQUESTS: an upgrade of his uncharacterized discharge to an honorable or general discharge. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States) 
. DD Form 149 (Application for Correction of Military Record) 
. Quartermaster School diploma 
. DD Form 214 (Certificate of Release or Discharge from Active Duty) 
. National Guard Bureau (NGB) Form 22 (Report of Separation and Record of 
Service) 
. email correspondence 
. Separation Program Number (SPN) and Separation Codes Instruction Sheet 
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 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: 


a. 
He was discharged for being outed as a LGBTQ (lesbian, gay, bisexual, transgender, and questioning (or queer)) service member. He remained in the Reserves until 1995. His DD Form 214 lists the separation code “JGA” – pregnancy. His DD Form 214 also does not show he completed the military occupational specialty (MOS) training; however, he has his military diploma proving he completed the MOS training. He has attached multiple letters, email correspondence, DD Form 214, diploma, and statements regarding this issue/injustice. He would like to have his record updated to reflect an honorable or general discharge. 

b. 
He has been attempting for many years to have this corrected. He was originally told that he had no military record at all. He provided his diploma and DD Form 214 and received no response from anyone for help. 


3. The applicant provides his: 
. Quartermaster School Diploma, dated 27 September 1989, showing he completed the Equipment Records and Parts Specialist course, for the training period from 10 July to 27 September 1989 
. DD Form 214, for the period from 3 May to 31 October 1989 . NGB Form 22, for the period from 11 April to 1 November 1989 . Email correspondence, dated between 1 May 2017 and 6 September 2018, 
pertaining to his request for an upgrade of his uncharacterized discharge and having no available military records 
. SPN and Separation Codes Instruction Sheet, showing the separation code “JGA” was assigned for entry level status performance and conduct, entry level status performance, or pregnancy 
4. The applicant's military records are not available to the Board for review. However, there were sufficient documents provided by the applicant to conduct a fair and impartial review of this case. His available records show: 
a. 
He enlisted in the Oklahoma Army National Guard (OKARNG), in pay grade E-3, on 11 April 1989. He entered active duty on 3 May 1989. He did not complete advanced individual training for award of a MOS. 

b. 
The complete facts and circumstance surrounding his separation are not available for the Board to review. However, his records contain a DD Form 214 showing: 


. he was discharged from active duty, in pay grade E-3, on 31 October 1989, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, paragraph 11-3a (Entry Level Performance and Conduct) 
. his service was uncharacterized . he was assigned separation code “JGA” . he completed 5 months and 26 days of net active service and he was not 
awarded/authorized any awards 
c. 
He was discharged from the OKARNG on 1 November 1989, under the provisions of National Guard Regulation (NGR) 600-200, paragraph 8-26a. His service was uncharacterized. His NGB Form 22 shows he completed 6 months and 21 days of net service. 

d. 
There is no indication he petitioned the Army Discharge Review Board for an upgrade of his discharge within its 15-year statement of limitations. 


5. By regulations: 
a. AR 635-200, Paragraph 11-3a – separation of a Soldier in entry level status could be warranted on the grounds of unsatisfactory performance and/or unsatisfactory conduct as evidenced by: 
. inability . lack of reasonable effort . failure to adapt to the military environment . minor disciplinary infractions 
b. 
An entry level separation (uncharacterized) is used for separation under these proceedings. Entry-level status is defined as the first 180 days of continuous service. 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. 

c. 
NGR 600-200, action will be taken to separate a member in an entry-level status for unsatisfactory performance and/or conduct. 

d. 
AR 635-5-1 (Separation Program Designators (SPD), the code “JGA” was assigned to member separated for entry-level status performance and conduct, entry level status performance, or enlisted women who became pregnant while still in a training status. 


6. In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. 
BOARD DISCUSSION: 
After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant's request, supporting documents, evidence in the records, and published Department of Defense guidance for consideration of discharge upgrade requests. The Board considered the applicant's statement, his record of service, the absence of a separation packet, the reason for his separation and whether to apply clemency. The Board considered his statement, but found insufficient evidence of in-service factors to mitigate his separation. His separation is described as an entry level separation with service uncharacterized because processing was initiated while he was in entry level status (he completed 5 months and 26 days). He was separated due to entry level performance and conduct. He may have completed the 76C course but he was not awarded an MOS. Based on a preponderance of evidence, the Board determined 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 XX XXX XX 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. 
X 
CHAIRPERSON 
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 (USC), 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3 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, set forth the basic authority for the separation of enlisted personnel. The regulation stated in: 


a. 
Paragraph 3-7a – an honorable discharge was a separation with honor. The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would be clearly inappropriate. 

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

c. 
 Paragraph 3-9 – a separation would be described as an entry level separation with service uncharacterized if processing was initiated while a Soldier was in entry level status. During the first 180 days of continuous active military service, a member's service was under review. When separated within the first 180 days, service was usually not characterized unless the circumstances of the separation warranted a discharge under other than honorable conditions (misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial). 

d. 
 Paragraph 11-3a – separation of a Soldier in entry level status could be warranted on the grounds of unsatisfactory performance and/or unsatisfactory conduct as evidenced by: 


. inability . lack of reasonable effort . failure to adapt to the military environment . minor disciplinary infractions 
e. 
 Paragraph 11-3b – enlisted women who became pregnant while still in a training status. 

f. 
Paragraph 11-8 – service would be described as uncharacterized under the provisions of this chapter. 


3.  
National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), in effect at the time, governed the discharge from the State Army National Guard (ARNG) and/or as a Reserve of the Army. Paragraph 8-26a stated Soldiers were discharged from the State ARNG or from the Reserve of the Army when a Soldier for unsatisfactory performance and/or conduct. Service would be described as uncharacterized when a Soldier was in an entry-level status. 

4. 
 AR 635-5-1 (Separation Program Designators (SPD)), in effect at the time, provided instructions on the use of the SPD codes, and the authorities and reasons therefor. The regulation stated the code “JGA” was used for Soldiers separated under the provisions of AR 635-200, paragraphs 11-3a or b, by reason of entry level status performance, entry level status performance, or pregnancy. 

5.  
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. 


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