ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:
BOARD DATE:  18 June 2019 
DOCKET NUMBER:  AR20190001937 
APPLICANT REQUESTS:  In effect, correction of his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to show his service is characterized as 
honorable in lieu of uncharacterized. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
•	DD Form 149 (Application for Correction of Military Record)
•	DD Form 214
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 he received an uncharacterized discharge based on a loss of 
strength.  No medical evaluation or medical processing was completed.  He 
remained weak until he was admitted into Park Ridge Hospital Rochester, NY, where 
he was diagnosed with crohn’s disease and had immediate surgery.  It is a lifelong 
disease and he has experienced many issues since he left the military.  He just 
wants his discharge upgraded, he is not seeking monetary assistance.
3.	On 8 March 1994, the applicant enlisted in the Regular Army (RA) for 5 years and 
training in military occupation specialty 95B (Military Police).
4.	Two General Counseling Forms that shows:
   a.	On 3 August 1994, the applicant was counseled for failing to pass Phase 
V of the Army Physical Fitness Test (APFT) a fourth time.  He was advised that 
he was being recommended for attendance of the FTC [Fitness Training 
Company] and given a second chance.  If he did not pass the APFT after going 
to the FTC, he would be considered for discharge under the provisions of 
chapter 11, Army Regulation (AR)  635-200.
   b.	On 9 and 10 August 1994, he was counseled for failing the APFT after he 
was
sent to the FTC.  On 10 August 1994, he was counseled due to a lack of motivation and 
refusing to train at the FTC.  He was also counseled concerning discharge under the 
provisions chapter 11, AR 635-200, due to inability to adapt. 
5.	A Memorandum, dated 11 August 1994, shows, in effect, the applicant was sent to 
the FTC and was given a fifth attempt to pass the APFT and he failed.  He 
developed a lack of motivation and had no desire to be in the military.
6.	On 11 August 1994, the applicant’s immediate commander notified the applicant of 
his intent to initiate separation action against him under the provisions of chapter 11, 
AR 635-200 by reason of entry level performance and conduct.  The reason for this 
action was the applicant’s inability to Adapt/Phase V APFT failure.
7.	On 11 August 1994, the applicant acknowledged receipt of the separation 
notification in accordance with chapter 11, AR 635-200.  He indicated he did not 
desire to make statements in his own behalf.  He further indicated that he did not 
desire to have counsel assist him in explaining the discharge procedures or in 
making statements or rebuttals in his behalf.
8.	On the same date, the applicant’s immediate commander recommended separation 
under the provisions of chapter 11, AR 635-200.  On 17 August 1994, the applicant’s 
intermediate commander recommended approval of the discharge action.  He stated 
that he had personally observed the applicant’s performance and the applicant was 
unable to perform the requisite number of pushups in a reasonable amount of time.
9.	On 23 August 1994, the separation authority waived the rehabilitation requirements 
and approved the applicant's discharge under the provisions of chapter 11, AR 635-
200 with uncharacterized service.  Accordingly, the applicant discharged from active 
duty on 26 August 1994.
10.	His DD Form 214 confirms he was discharged from active duty in accordance with 
chapter 11, AR 635-200, due to entry level performance and conduct, with 
uncharacterized service.  He completed 5 months and 19 days of creditable active 
military service.
11.	U.S. Army Chemical and Military Police Centers, Fort McClellan, AL, Orders 236-
00246, dated 24 August 1994, confirms the applicant was reassigned to the U.S. 
Army Transition Point Fort McClellan, effective 26 August 1994, for discharge 
separation.
12.	Chapter 11, Army Regulation 635-200, in effect at the time, set policy and provided 
guidance for the separation of personnel because of unsatisfactory performance or 
conduct (or both) while in an entry level status.  This chapter of the regulation 
provided for the separation of those who could not meet the minimum standards 
prescribed for successful completion of training, because of lack of aptitude, ability, 
motivation or self discipline.  The regulation required an uncharacterized description 
of service for separation under this chapter.  
13.	The applicant contends his discharge should be upgraded to show his service was 
honorable even though his record shows he was discharged under the provisions of 
chapter 11, Army Regulation 635-200, while in an entry level status, with 
uncharacterized service.  He contends he was suffering from crohn’s disease, which 
was undiagnosed and affected his strength.  He is not seeking monetary assistance.
14.	In reaching its determination, the Board can consider the applicant’s petition and his 
service record in accordance with the published equity, injustice, or clemency 
guidance published on 25 July 2018.
BOARD DISCUSSION: 
1.	The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and published DoD guidance for consideration of discharge 
upgrade requests.  The Board discussed the circumstances of his discharge, his entry 
level status, the failure to meet physical fitness standards, his statement regarding his 
suffering from Crohn’s disease and whether to consider an upgrade in accordance with 
DoD guidance.  The Board found insufficient evidence of mitigating factors and the 
applicant provided no additional information in support of his medical claim.  The Board 
determined that the character of service he received at discharge was not in error or 
unjust.
2.	After reviewing the application and all supporting documents, the Board 
determined that 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. 
  
 
 
 
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. 
 
 
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 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.	Chapter 11, Army Regulation 635-200, in effect at the time, set policy and 
provided guidance for the separation of personnel because of unsatisfactory 
performance or conduct (or both) while in an entry level status.  Separation of a Soldier 
in an entry-level status was warranted by unsatisfactory performance or minor 
disciplinary infractions as evidenced by inability, lack of reasonable effort, or failure to 
adapt to the military environment.  The separation policy applied to Soldiers who were 
in an entry level status and, before the date of the initiation of separation action, had 
completed no more than 180 days of continuous active service, and demonstrated that 
they were not qualified for retention.  
 
a.	The following conditions are illustrations of conduct that does not qualify 
for retention:  
 
      (1)	Cannot or will not adapt socially or emotionally to military life.  
 
      (2)	Cannot meet the minimum standards prescribed for 
successful completion of training, because of lack of aptitude, ability, 
motivation or self-discipline.  
 
      (3)	Have demonstrated character and behavior characteristics 
not compatible with satisfactory continued service.  
 
      (4)	Have failed to respond to counselling.  
 
b.	The regulation required an uncharacterized description of service for 
separation under this chapter.  
 
c.	Paragraph 3-4a(2) stated the service characterization for Soldiers 
separated in an entry level status will be uncharacterized.  
 
d.	The glossary stated, entry level status for RA Soldiers was the first 180 
days of continuous active service and the first 180 days of continuous active 
service following a break of more than 92 days of active military service.   
 
3.	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 
courtmartial; it also applies to other corrections, including changes in a discharge, which 
may be warranted based on equity or relief from injustice.   
 
a.	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 based on 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.   
 
b.	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) 	 AR20190001937 
ABCMR Record of Proceedings (cont) 	 AR20190001937 
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