IN THE CASE OF: 

BOARD DATE:  5 November 2019

DOCKET NUMBER:  AR20190002547


APPLICANT REQUESTS:  Correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 12 December 2000, to show her 
service was characterized as 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), dated 21 February 2019
*	DD Form 214, for the period ending 12 December 2000

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 she was told her discharge would be honorable.

3.  The applicant enlisted in the Regular Army on 16 August 2000.

4.  The facts and circumstances surrounding the applicant's discharge are not available 
for review.  However, her DD Form 214 shows she was discharged on 12 December 
2000, under the provisions of Army Regulation 635-200 (Personnel Separations – 
Enlisted Personnel), Chapter 11, due to entry level performance and conduct.  She 
completed three months and 27 days of net active service this period and her service 
was uncharacterized. 

5.  The applicant provides no evidence to support her contention that her service 
characterization was erroneous.

6.  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 still in 
an entry-level status at the time of her separation.  As a result, her service was 
appropriately described as "uncharacterized," in accordance with governing regulations.  

BOARD DISCUSSION:

The Board reviewed the available service records and the applicant's statement and 
determined there is insufficient evidence to support a recommendation for relief.  The 
applicant was discharged in an entry-level status by reason of entry level performance 
and conduct.  Because of her entry-level status, as required by the governing 
regulation, her service was uncharacterized. The Board found no evidence of error, 
injustice, or inequity in this case.  


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.



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.  Paragraph 3-7a states 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.

   b.  Paragraph 3-7b states that 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.

   c.  Chapter 11 of this regulation, in effect at the time, provided for the separation of 
personnel due to unsatisfactory performance or conduct, or both, while in an entry level 
status.  
   
   	(1)  This provision of regulation applied to individuals who had demonstrated that 
they were not qualified for retention because they could not adapt socially or emotionally to 
military life, or because they lacked the aptitude, ability, motivation, or self-discipline for 
military service, or they had demonstrated characteristics not compatible with satisfactory 
continued service.  The separation policy applied to Soldiers 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.

     	(2)  Separation under Chapter 11 applied to Soldiers who were in an entry level 
status and, before the date of the initiation of separation action, completed no more than 
180 days of continuous active duty and demonstrated that they could not or would not 
adapt socially or emotionally to military life.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190002547

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

1
ABCMR Record of Proceedings (cont)	 AR20190002547

4
ABCMR Record of Proceedings (cont)	AR20190002547


3