IN THE CASE OF: 
BOARD DATE:  19 April 2019 
DOCKET NUMBER: AR20180016100

APPLICANT REQUESTS: To change his Uncharacterized Discharge to Honorable


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
*	Applicant Statement
   *	Letter of Support 
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 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 about 8 days before the end of basic training, his drill instructor 
asked him what training was he scheduled for after basic.  He told him he was headed 
for N.B.C. Specialist.  He told the applicant to change to another unit and another job; 
he didn’t want him in that platoon.  He explained that this is the job he qualified for per 
his ASVAB scores and what was offered. His drill sergeant told him that if he didn’t 
transfer, he would see that he didn’t have a career at all. The applicant still refused and 
the very next day he was targeted with multiple accusations, write-ups and physically 
provoked by his drill instructor he believes in an attempt to coerce him into assaulting 
him. The coercion into assaulting his drill instructor was witnessed by a number of 
officers of different ranks and units. After bringing him to tears, he was sent to see the 
First Sergeant who listened and told him basically the drill instructor couldn’t change his 
career path however, he would be siding with the statements. He was given a trainee 
discharge before basic training ended and told after two years he could return.  After 
two years he took the ASVAB and was shocked to find out that he didn’t pass. He didn’t 
believe it to be true. He believes he should be allowed honorable status with original 
signing of 4 years enlistment paid.

3.	On 29 December 1982 the applicant enlisted in the Regular Army for three years.


4.	On 16 January 1983 he was formerly counseled for being disrespectful to a non- 
commissioned officer (NCO) on two different occasions and failure to follow instructions.

5.	On 17 January 1983 he was formerly counseled again for being disrespectful to a 
NCO and refusal to train; it was noted the applicant disregarded the NCOs in charge of 
training him, disregards orders given which caused problems for others. He was unable 
to adapt to military life and should be discharge.  He was then notified by his 
commander that he was initiating action to separate him under the provisions of chapter 
11, Army Regulation (AR) 635-200, (Active Duty Enlisted Administrative Separations) 
with a service characterization of (Entry Level Separation – uncharacterized).

6.	On 18 January 1983, the applicant acknowledged being notified of the contemplated 
separation action against him; he was made aware of his available rights and consulted 
with legal counsel.

7.	The applicant's commander recommended approval and the appropriate authority 
approved the recommendation for discharge of the applicant and directed he would be 
issued an entry level separation – uncharacterized.

8.	On 20 January 1983 the applicant was discharged accordingly. He completed 22 
days of net active service.

9.	The applicant states he believes he should be allowed honorable status with original 
signing of 4 years enlistment paid.  He was given a trainee discharge 8 days before 
basic training graduation. His drill instructor told him to change his job and that he didn’t 
want him in that platoon to train as an N.B.C. specialist. The applicant refused and the 
very next day he was targeted with multiple accusations, write-ups and physically 
provoked by his drill instructor. He believes the drill instructor attempted to coerce him 
into assaulting him. He was sent to see his First Sergeant who believed the statements 
written.

10.	The applicant provides a letter from his peer support specialist at the Department of 
Veteran Affairs.  Mr. Jones writes that he has been personally working with the 
applicant for over two years and can say he’s improved his life skills on how to maintain 
in a society and has a positive outlook on life. The letter is verifying the applicant is 
worthy of whatever he is asking for. His records show he enlisted in the Army for 3 
years.

11.	AR 635-200 states separation under Chapter 11 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) who could not meet the minimum 
standards for completion of training. An uncharacterized description of service was 
required for separation under this chapter.


12.	The applicant is advised an uncharacterized discharge is not meant to be a 
negative reflection of a Soldier’s military service. It merely means that the Soldier had 
not been in the Army long enough for his character of service to be rated as honorable 
or otherwise.

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.


6/20/2019

 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.


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 Army Board for Correction of Military Records 
(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.
   a.	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
   b.	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.
   c.	It states in pertinent part 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 condition 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.  For Regular Army Soldiers, entry-level status is the first 180 days
   

of continuous active duty or the first 180 days of continuous active duty following a 
break in service of more than 92 days of active military service.
   d.	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.
   e.	A general discharge is a separation from the Army under honorable 
conditions. When authorized, it is issued to a Soldier whose military record is 
satisfactory but not sufficiently meritorious to warrant an honorable discharge. A
characterization of under honorable conditions may be issued only when the reason for 
the Soldier's separation specifically allows such characterization.
  f.	(Uncharacterized Separations). A separation was deemed entry-level status when 
commanders initiated the action while the Soldier was within the first 180 days of 
continuous active duty. Soldiers separated in an entry-level status were issued an 
uncharacterized character of service. On a case-by-case basis, and when clearly 
warranted due to unusual circumstances involving personal conduct or duty 
performance, the Secretary of the Army could grant a Soldier an honorable character of 
service.
 3.	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.


//NOTHING FOLLOWS//