ARMY BOARD FOR CORRECTION OF MILITARY RECORDS Record of Proceedings IN THE CASE OF: BOARD DATE: 20 June 2019 DOCKET NUMBER: AR20190001941 APPLICANT REQUESTS: The applicant requests an upgrade of his uncharacterized character of service/discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 feels that he completed all training honorably and was discharged for 2 points on his Army Physical Fitness Test (APFT). He would like his discharge to reflect his total service and not just one APFT. 3. On 28 December 1990, the applicant enlisted in the Kentucky Army National Guard (KYARNG) for a period of 8 years. 4. On 15 July 1991, he was ordered to active duty for training. He was further ordered to attend initial active duty for training (IADT) at Fort Benning, Georgia on 16 July 1991. 5. On 25 November 1991, Headquarters, U.S. Army Infantry Center Orders relieved the applicant from active duty for training, and discharged him from the Reserve of the Army. He was instructed to return to his KYARNG unit. 6. The DD Form 214 he was issued shows: * on 25 November 1991, he was released from IADT and discharged from the Reserve of the Army and returned to the KYARNG * he completed 4 months and 10 days of net active service * his character of service was “uncharacterized” * he was released from IADT under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 11-3a * he was given a separation code of JGA (entry level status performance and conduct) * his narrative reason for separation was “entry level separation” 7. The complete facts and circumstances surrounding the applicant’s discharge were not available. His discharge packet was not in the record; however, his record contained a DD Form 214 showing the reason and authority for his discharge from the Army. 8. Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). The regulation states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 9. Army Regulation 635-200, chapter 11, provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry level status, as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment. a. Entry level status is defined as the first 180 days of continuous active service or the first 180 days of continuous active service after a service break of more than 92 days of active service. b. The regulation required an uncharacterized description of service for separation under this chapter. 10. In reaching its determination, the Board can consider the applicant’s petition and service record 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 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. 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. 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. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, 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. a. The regulation stated separation was warranted when unsatisfactory performance or minor disciplinary infractions was evidenced by: * inability * lack of reasonable effort * failure to adapt to the military environment b. The 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 duty * could not or would not adapt socially or emotionally to military life * had demonstrated character and behavior characteristics not compatible with satisfactory continued service * had failed to respond to counseling c. Entry level status is defined as the first 180 days of continuous active service or the first 180 days of continuous active service after a service break of more than 92 days of active service. d. The regulation required an uncharacterized description of service for separation under this chapter. 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 court- martial; 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 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. 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. 4. Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). The regulation states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS