ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  29 April 2019

	DOCKET NUMBER:  AR20180016193


APPLICANT REQUESTS:  His uncharacterized discharge be characterized as an under honorable conditions (general) or honorable discharge.

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 remarks section on his DD Form 214 states "continuous honorable service."  There is an "H" hand written in block 24.  The current uncharacterized discharge prevents him from being recognized as a veteran in Idaho.   

3.  The applicant enlisted in the Regular Army on 3 September 1996.

4.  The applicant received negative general counseling on at least nine occasions between 25 November 1996 and 5 February 1997, for diverse reasons including but not limited to security violations, failure to shave, failure to report for additional training, failure to control his temper, and failure to be at his assigned place of duty. 

5.  The applicant received nonjudicial punishment (NJP), under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), on the following dates for the indicated offenses:

* on 30 January 1997, for disobeying a lawful order from a noncommissioned officer (NCO), on or about 22 January 1997
* on 14 February 1997, for assaulting a fellow Soldier, on or about 4 February 1997
6.  The applicant underwent a mental status examination on 13 January 1997.  He was diagnosed as suffering from oppositional defiant disorder ? conduct disorder; personality disorder with anti-social traits; and a developmental reading and spelling disorder.  It was recommended that he be administratively separated.

7.  The applicant's unit commander notified the applicant on 25 February 1997 that he was initiating actions to separate him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) Chapter 11 (Entry Level Status), due to the applicant's two instance of NJP and numerous negative counseling sessions.

8.  The applicant consulted with legal counsel and acknowledged the proposed separation.  He waived his rights to have his case heard by an administrative separation board and to submit a statement in his own behalf.

9.  The applicant's unit commander formally recommended his separation from service on 28 February 1997, under the provisions of Army Regulation 635-200, Chapter 11, and that he received an uncharacterized entry level separation. 

10.  The separation authority approved the applicant's discharge on 3 March 1997, under the provisions of Army Regulation 635-200, Chapter 11, with service uncharacterized.

11.  The applicant was discharged on 25 March 1997.  The DD Form 214 he was issued shows:

* he was discharged under the provisions of Army Regulation 635-200, chapter 11 
* he was discharged in the rank/grade of private/E-1
* 6 months and 23 days of active service
* his service characterization was uncharacterized
* his narrative reason for separation ? entry level performance and conduct

12.  The Army Discharge Review Board denied the applicant's request for characterization of his separation on 12 June 1998.

13.  The applicant had over 6 months of service; however, the separation process was initiated in February 1997, prior to his completion of six months of service.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The uncharacterized nature of the discharge is correct as the applicant was processed for separation during entry level training before he reached 180 days of service and this is within regulatory guidelines. The Board agreed that the applicant’s discharge characterization is appropriate.

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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that 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.

3.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  

	a.  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.

	b.  Paragraph 3-7b provides that 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.

	c.  Chapter 11 provides for the separation of personnel in an entry level status for unsatisfactory performance or conduct as evidenced by inability, lack of reasonable effort or a failure to adapt to the military environment.  These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty.  An uncharacterized separation is mandatory under this chapter.

ABCMR Record of Proceedings (cont)	 AR20180016193
0

3


1