ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 6 June 2019 DOCKET NUMBER: AR20190001939 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service was characterized as either under honorable conditions (general) or honorable. 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) * DD Form 214, for the period ending 9 December 1991 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 his discharge upgraded to reflect the character of service that was explained to him at the time he agreed to the discharge under the guaranteed option. He was under the belief the status would automatically become honorable or read under honorable conditions. 3. The applicant enlisted in the Regular Army on 22 August 1991. 4. The applicant's record contains nine DA Forms 4856 (General Counseling Form), dated between 31 August and 8 November 1991, which show he received counseling for a variety of infractions including failure to meet minimum physical readiness test standards; recommendation for another basic training unit (new start); and initiation of separation procedures for an uncharacterized discharge. 5. A DA Form 4187 (Personnel Action), dated 18 November 1991, shows the applicant requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 7-16b, due to an unfulfilled enlistment commitment. The applicant acknowledged his MOS was no longer offered and he did not wish to reclassify to another MOS. 6. The applicant’s commander recommended approval of his request for discharge on 18 November 1991. The separation authority approved the recommended action on 22 November 1991, under the provisions of Army Regulation 635-200, Chapter 7, and directed the applicant's service be uncharacterized. 7. The applicant was discharged on 9 December 1991, under the provisions of Army Regulation 635-200, paragraph 7-16b, by reason of an unfulfilled enlistment commitment. The DD Form 214 he was issued shows he completed 3 months and 18 days of net active service and was not awarded a MOS. His service was uncharacterized. 8. 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 his separation. As a result, his service was appropriately described as "uncharacterized" in accordance with governing regulations. 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, his DD Form 214 properly shows his 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, 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, 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. Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated. b. 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. c. Paragraph 3-7b states a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to Soldiers whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. d. Chapter 7 provides for the separation of personnel because of unfulfilled enlistment commitment. An unfulfilled enlistment commitment exists when the soldier receives a written enlistment commitment from recruiting personnel for which the soldier is qualified but which cannot be fulfilled by the Army through no fault of the soldier. When a defective enlistment agreement or unfulfilled enlistment commitment is discovered while an individual is being processed at the reception station or is undergoing basic or initial advanced individual training, the commander exercising special courts-martial jurisdiction, or any higher commander, may approve a request for discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190001939 4 1