ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  7 June 2019

	DOCKET NUMBER:  AR20190001848


APPLICANT REQUESTS:  upgrade his uncharacterized character of service to 
honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for Army Discharge Review Board)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10 (Armed 
Forces), United States Code (USC), section 1552 (b) (Correction of Military Records:  
Claims Incident Thereto).  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, in effect, he is requesting an upgraded character of service so 
he can shop at a post exchange (apparently referring to the Veterans Online Shopping 
Benefit, which, effective 11 November 2017, permits honorably discharged Veterans to 
make online purchases from military exchange services).

3.  The applicant's service records show:

	a.  He enlisted into the Regular Army for a 3-year term from Puerto Rico on 
16 February 1984.  Orders sent him to Fort Leonard Wood, MO to participate in one-
station-unit-training for military occupational specialty 12B (Combat Engineer); he 
arrived on or about 23 February 1984.  

	b.  An FLW (Fort Leonard Wood) Form 1073 (Personnel Information Sheet), dated 
23 February 1984, showed a note stating the applicant did not speak English very well.

	c.  An FLW Form 64 (Evaluation Record for Initial Entry Training (IET) Soldiers), 
containing entries dated between 23 February and 6 April 1984, reflected his 
leadership's evaluation of his training progress.  One of his noncommissioned officers 
wrote the applicant's comprehension of both spoken and written English was "quite 
poor"; the form also indicated he had been enrolled into the Basic Skills Education 
Program (BSEP) to improve his English. 

	d.  A DA Form 2496 (Disposition Form), dated 10 April 1984, prepared by a 
guidance counselor and addressed to the applicant's commander, stated, on 6 April 
1984, the applicant completed ESL (English as a Second Language).  He entered with 
extremely low scores and, after 6 weeks, had not shown any progress.  The guidance 
counselor opined it was doubtful the applicant would successfully complete training.

	e.  On 16 April 1984, the applicant's commander advised him, via memorandum, of 
his intent to separate the applicant under chapter 11 (Entry Level Status Performance 
and Conduct (Trainee Discharge Program)), Army Regulation (AR) 635-200 (Personnel 
Separations – Enlisted Personnel).  The commander's stated basis was the fact the 
applicant had been sent to BSEP and, after completion, still could not speak or 
understand English.  As a result, the applicant would not be able to meet the minimum 
standards prescribed for successful completion of training due to a lack of aptitude.

	f.  At some point after 16 April, but before 19 April 1984, the applicant acknowledged 
the commander's proposed separation, and indicated he was not waiving his rights, did 
not desire to consult with counsel, and would not be submitting statements in his own 
behalf.  

	g.  On 19 April 1984, the separation authority approved the commander's 
recommendation and directed the applicant's discharge with an uncharacterized 
character of service.  He stated, "Unfortunately, we cannot safely train a man whose 
comprehension of English is so minimal."  On 26 April 1984, the applicant was 
discharged accordingly; his DD Form 214 shows he completed 2 months and 11 days of 
his 3-year enlistment contract.  Item 13 (Decorations, Medals, Badges, Citations, and 
Campaign Ribbons Awarded or Authorized) showed "NONE."

4.  The applicant requests his character of service be changed from uncharacterized to 
honorable.  Per AR 635-200, commanders were required to separate Soldiers who 
demonstrated they were not qualified for retention; among the stated reasons was a 
lack of aptitude.  The regulation further required Soldiers in an entry-level status (i.e. 
within the first 180 days of continuous active duty) to be issued an uncharacterized 
character of service.  The Secretary of the Army could, on a case-by-case basis, issue 
an honorable character of service when clearly warranted by unusual circumstances 
involving personal conduct or duty performance.  In reaching its determination, the 
Board can consider the applicant's petition, his service record, and his statements in 
light of the published guidance on equity, injustice, or clemency.



BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the record and published DoD guidance for consideration of discharge 
upgrade requests.  The Board discussed the circumstances of the applicant’s 
discharge, the fact that he was not able to complete training and whether clemency 
should be applied.  The Board determined that the uncharacterized discharge was 
appropriate for the applicant’s circumstances.  The Board also advised that an 
uncharacterized discharge is neither a negative or positive reflection of the applicant’s 
service. 

2.  After reviewing the application and all supporting documents, the Board found the 
relief was not warranted.

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 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.  AR 635-200, in effect at the time, prescribed policies and procedures for the 
administrative separation of enlisted personnel.  

	a.  Paragraph 3-7a (Honorable Discharge) stated an honorable discharge was a 
separation with honor.  The honorable characterization was appropriate when the 
quality of the Soldier's service generally met the standards of acceptable conduct and 
duty performance.

	b.  Paragraph 3-7b stated a general discharge was a separation from the Army 
under honorable conditions.  When authorized, it was issued to a Soldier whose military 
record was satisfactory but not sufficiently meritorious to warrant an honorable 
discharge.

	c.  Paragraph 3-9 (Uncharacterized Separations).  A separation is an entry level 
status separation with uncharacterized service if processing is initiated while the Soldier 
is in an entry level status (i.e. the first 180 days of continuous active duty).  The 
Secretary of the Army could, on a case-by-case basis, issue an honorable character of 
service to entry-level Soldiers when clearly warranted by unusual circumstances 
involving personal conduct or duty performance.  

	d.  Chapter 11 (Entry Level Status Performance and Conduct) provided that entry 
level Soldiers were to be separated when they demonstrated unsatisfactory 
performance and/or conduct, as evidenced by an inability, a lack of reasonable effort, or 
a failure to adapt to the military environment.  Separations under this chapter were 
required to be listed as uncharacterized.

3.  According to the MilitaryOneSource website, honorably discharged Veterans are 
able to make online purchases from military exchange services, effective 11 November 
2017.

4.  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.  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 on the basis of 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.  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.



ABCMR Record of Proceedings (cont)	 AR20190001848

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