ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 May 2019 DOCKET NUMBER: AR20180016942 APPLICANT REQUESTS: her uncharacterized discharge be upgraded to an 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), with self-authored statement dated 6 November 2018 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 she was granted a hardship discharge because she was needed at home and should have been granted an honorable character of service. She completed basic training and was discharged with her service uncharacterized, which has caused her problems getting employment and education. She felt she should have received an honorable or at least an under honorable conditions character discharge. Her separation program designator [sic] code is "KDB" and is evidence of why she left the Army. 3. The applicant enlisted in the Regular Army on 12 July 1996. She completed basic training and was processed for discharge while attending advanced individual training. 4. The applicant’s record contains: a. A memorandum dated 21 October 1996, requesting an audit of her financial record to determine her indebtedness to the U.S. Government, because she was being processed for discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 6. b. A DA Form 4856 (General Counseling Form), showing she was counseled by her immediate supervisor on 22 October 1996, wherein she was informed that she was being recommended for discharge under the provisions of Army Regulation 635-200, Chapter 6. She was also counseled that she could receive a characterization of service under other than honorable conditions. 5. The applicant’s commander recommended approval of her separation on 28 October 1996, under the provisions of Army Regulation 635-200, Chapter 6, due to the severe illness of her husband and the lack of other family to care for her children. 6. The applicant’s intermediate commander also recommended approval of her separation on 31 October 1996. 7. The separation authority approved the applicant's request for a dependency discharge on 7 November 1986 under the provisions of Army Regulation 635-200, Chapter 6. The separation authority directed that the applicant be issued an entry level separation (uncharacterized). 8. The applicant was discharged on 15 November 1996. Her DD Form 214 shows she was discharged under the provisions of Army Regulation 635-200, paragraph 6-3a, by reason of hardship. She completed 4 months and 4 days of net active service and was not awarded an MOS. Additionally, it shows the following entries in: * Item 24 (Character of Service): "Uncharacterized" * Item 26 (Separation Code): "KDB" 9. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. The evidence of record shows the applicant was in an entry-level status at the time of her separation. 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, her DD Form 214 properly shows her 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. 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, U.S. Code, 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 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 635-200, in effect at the time, sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. 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. c. Paragraph 3-9 provided that a separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry-level status, except when an under other than honorable conditions characterization was authorized when the reason for separation and was warranted by the circumstances of the case; or the Secretary of the Army, on a case by case basis, determined a characterization of service as honorable was clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization was authorized when the Soldier was separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority. Entry-level status is defined as the first 180 days of continuous active service for Regular Army Soldiers. d. Chapter 6 (Separation because of Dependency or Hardship) stated separation under this chapter is for the convenience of the government. Enlisted members of the Active Army and the Reserve Components serving may be discharged or released because of genuine dependency or hardship. Paragraph 6-3a (Dependency) exists when death or disability of a member of a Soldier's (or spouse's) immediate family causes that member to rely upon the Soldier for principal care or support. It further states Soldiers separated under this chapter that are still in in an entry level status will receive an entry level separation and if they are beyond entry level status, they will receive a characterization as honorable or under honorable conditions. ////NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180016942 4 1