ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 September 2020 DOCKET NUMBER: AR20190015694 APPLICANT REQUESTS: His under honorable conditions (general) 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), dated 19 April 2019 * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 23 October 2019 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 he would like to have his discharge status changed from a general discharge to an honorable discharge. He knows he did leave at an early date but he has not got into any trouble with the law and did not leave the country as told upon his discharge. He is currently 1st Vice Commander of American Legion. He is a certified police officer with the Police Department and the State of. Upon his release, he was informed that his discharge would change from a Trainee Discharge Program to an Honorable Discharge. He is not asking for any Department of Veterans Affairs (VA) benefits since he is employed and has insurance. He only asks for honors at the time of his death, such as a flag and a headstone and nothing more. He has served his country in his capacity as a police officer for over 20 years. 3. The applicant enlisted in the Regular Army on 22 March 1983. 4. Commencing on 14 April 1983, the applicant received six general counseling sessions. During these sessions the applicant repeatedly expressed the desire to be discharged due to financial problems at home and an inability to adjust to the separation from his family. 5. The applicant's immediate commander initiated separation actions on 26 April 1983 under Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 11-3, entry level status, due to his lack of motivation and defective attitude. His commander noted that his demonstrated character and behavior characteristics were not compatible with satisfactory continuation in the service. He had failed to respond to counseling. 6. The commander notified him of his rights. The applicant acknowledged the proposed action and waived all of his administrative rights on 26 April 1983. 7. The applicant's unit commander formally recommended his separation from service under the provisions of Army Regulation 635-200, paragraph 11-3a. 8. The separation authority's approval of the applicant's discharge is not of record. 9. The applicant was discharged on 3 May 1983. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a, following his completion of two months and 12 days of net active service. His service was uncharacterized. 10. 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. As a result, her service was appropriately described as uncharacterized for this period of active service, in accordance with governing regulations. 12. The Board should consider the applicant's statement of his post service contributions for consideration granting relief in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined that 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 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. 12/9/2020 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. 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 635-200 sets forth the basic authority for the separation of enlisted personnel. a. 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. 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. //NOTHING FOLLOWS//