ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		BOARD DATE:  23 September 2019

	DOCKET NUMBER:  AR20180015769


APPLICANT REQUESTS:  An upgrade of his uncharacterized characterization of 
service to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 (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 order to receive State, Local, and Federal benefits for being 
medically discharged he needs his discharge upgraded to honorable.  The benefits will 
help him support his family.  He was discharged because of knee problems and his 
medical record reflects this.  

3.  On 4 April 2003, the applicant enlisted in the Regular Army for 4 years.  On 10 April 
2003, he was assigned to Company E, 82nd Chemical Battalion, Fort Leonard Wood, 
MO, for completion of training.  

4.  The applicant's record does not contain all of the facts and circumstances 
surrounding the discharge process; however, a DD Form 214 that was prepared at the 
time of separation shows on 9 July 2003, he was separated under the provisions Army 
Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation), 
due to disability with entitlement to severance pay.  The DD Form 214 he was issued 
shows he completed 3 months and 6 days of creditable active service.  This form also 
shows he received an uncharacterized discharge.


5.  AR 635-200 sets forth the basic authority for the separation of enlisted personnel.  It 
provides that an entry-level status applies to enlisted members of the Regular Army, 
who have completed no more than 180 days active duty on the current enlistment by 
the date of separation and have demonstrated that they are not qualified for retention 
for one or more of several reasons, among them failing to meet medical retention 
standards.  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.  An honorable characterization may be given only if the 
service clearly warrants that characterization by unusual circumstances of personal 
conduct and performance of military duty and is approved by the Secretary of the Army.  

6.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR.  The ABCMR 
considers individual applications that are properly brought before it.  In appropriate 
cases, it directs or recommends correction of military records to remove an error or 
injustice.  The ABCMR begins its consideration of each case with the presumption of 
administrative regularity.  The applicant has the burden of proving an error or injustice 
by a preponderance of the evidence.  The ABCMR will decide cases on the evidence of 
record.  It is not an investigative body.

7.  The applicant contends he was medically discharged, due to a knee problem, with 
an uncharacterized discharge.  He needs the discharge upgraded to honorable so that 
he can receive State, Local, and/or Federal benefits to help support his family. 

      a.  His medical record is also not available for review with this case; however, based 
on the uncharacterized discharge that he received, due to disability, severance pay, he 
would have had a medical condition that was considered by a medical evaluation board 
(MEB) that referred him to a physical evaluation Board (PEB).  The PEB would have 
determined he did not met retention standards and recommended him for discharge 
with entitlement to severance pay.  He would have concurred and he would have been 
medically discharged. 

       b.  The uncharacterized, entry-level separation is given regardless of the reason for 
separation.  This uncharacterized discharge is neither positive nor negative; it is not 
"derogatory."  It simply means the Soldier did not serve long enough to qualify for a 
specified characterization of service. 

8.  The ABCMR is not authorized to grant requests for the correction of records solely 
for making the applicant eligible for benefits.  The Board decides every case individually 
based upon its merits when an applicant requests a correction to the military record.  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 guidance. 




BOARD DISCUSSION:

1. The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and published DoD guidance for consideration of discharge 
upgrade requests.  The Board considered the applicant’s statement, his record and 
length of service, his entry-level status, the absence of a separation packet and the 
reason for his separation for disability with severance pay.  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.

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

: 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.  AR 635-200 sets forth the basic authority for the separation of enlisted personnel.  It 
provides that:

     a.  An entry-level status applies to enlisted members of the Regular Army, who have 
completed no more than 180 days active duty on current enlistment by the date of 
separation and have demonstrated that they are not qualified for retention for one or 
more of several reasons, among them failing to meet medical retention standards. 

      b.  Chapter 3, describes the different types of characterization of service.  It states 
that an uncharacterized separation is an entry-level separation.  A separation will be 
described as an entry-level separation if processing is initiated while a member is in 
entry-level status, except when characterization under other than honorable conditions 
is authorized under the reason for separation and is warranted by the circumstances of 
the case or when the Secretary of the Army, on a case-by-case basis, determines that 
characterization of service as honorable is clearly warranted by the presence of 
unusual circumstances involving personal conduct and performance of duty.  

      c.  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. 

      d.  A general discharge is a separation from the Army under honorable conditions.  
When authorized, it is issued to a Soldier whose military record was satisfactory but not 
sufficiently meritorious to warrant an honorable discharge.

3.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR.  It states, in pertinent 
part, that the ABCMR begins its consideration of each case with the presumption of 
administrative regularity, which is that what the Army did was correct.  The ABCMR is 
not an investigative body and decides cases based on the evidence that is presented in 
the military records provided and the independent evidence submitted with the 
application.  The applicant has the burden of proving an error or injustice by a 
preponderance of the evidence.  

4.  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.  

	a.  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.  

	b.  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.





ABCMR Record of Proceedings (cont)	 AR20180015769

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