ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  29 August 2019

	DOCKET NUMBER:  AR20180016284


APPLICANT REQUESTS:  an upgrade of his uncharacterized discharge.

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 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 his character of service should be upgraded from 
uncharacterized.  He was in the psychiatric hospital after having a breakdown and was 
released from the Army to the streets without help or information.

3.  The applicant enlisted in the Regular Army on 13 February 2003.

4.  The complete facts and circumstances surrounding his discharge are not in his 
available records for review as his discharge packet is not available.

5.  His DD Form 214 shows he was discharged on 13 June 2003 under the authority of 
Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph
 5-11, due to failure to meet procurement medical fitness standards.  He completed 
4 months and 1 day of net active service and his service was uncharacterized.  

6.  On 14 August 2019, the Army Review Boards Agency (ARBA) medical 
advisor/clinical psychologist provided an advisory opinion, which states:

	a.  The Department of Defense electronic medical record indicates the applicant was 
psychiatrically hospitalized in June 2003 due to suicidal ideation.  He reported having 
depression since he was 6 years old with medication management discontinuing 1 year 
before his enlistment.  He reported a history of suicidal ideation and using drugs and 
alcohol to feel better, resulting in a drug overdose and placement in an inpatient 
rehabilitation program.  He indicated he had not spoken to his command about his 
difficulties.  He was diagnosed with an adjustment disorder with consideration for major 
depressive disorder given his pre-enlistment history.

	b.  The Department of Veterans Affairs (VA) records include a 16 October 2018 VA 
visit in which he reported he was “depressed, manic, stressed, antisocial, feeling 
dissociated from society, angry, sad, previous suicide attempts, financial distress, and 
not eating.”  The provider noted bullying and physical assaults in grade school resulting 
in a suicide attempt with hospitalization at age 13.  Post-military, he had returned to 
drugs including marijuana, cocaine, and methamphetamines.  The provider diagnosed 
other specified trauma and stressor-related disorder, unspecified depressive disorder 
and an antidepressant was prescribed.

	c.  The ARBA medical advisor/clinical psychologist concluded the applicant’s 
discharge was proper and equitable based on the available information.  A copy of the 
complete medical advisory was provided to the Board for their review and consideration.

7.  The applicant was provided a copy of the advisory opinion on 16 August 2019 and 
given an opportunity to submit comments, but he did not respond.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  Based upon the medical advisory finding and the 
lack of a rebuttal submitted by the applicant of those findings, the Board concluded the 
characterization of service received at the time of separation was appropriate.  The 
governing regulation provides that a separation will be described as uncharacterized, if 
the separation action is initiated within the first 180 days of active duty service.  As 
such, his DD Form 214 properly shows his service as uncharacterized.

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.

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.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), sets forth 
the basic authority for the separation of enlisted personnel.

	a.  Paragraph 5-1 states unless the reason for separation requires a specific 
characterization, a Soldier being separated for the convenience of the government will 
be awarded a character of service of honorable, under honorable conditions, or an 
uncharacterized description of service if in an entry-level status.

	b.  Paragraph 5-11 states Soldiers who were not medically qualified under 
procurement medical fitness standards when accepted for enlistment or who became 
medically disqualified under these standards prior to entry on active duty or active duty 
for training for initial entry training may be separated.  Such conditions must be 
discovered during the first 6 months of active duty.  For character of service, 
paragraph 5-1 should be adhered to.

	c.  Section II (Terms) of the Glossary defines entry-level status for Regular Army 
Soldiers as the first 180 days of continuous active duty or the first 180 days of 
continuous active duty following a break of more than 92 days of active military service.

3.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR.  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.  


ABCMR Record of Proceedings (cont)	 AR20180016284

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