ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  1 July 2019

	DOCKET NUMBER:  AR20190003330


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his 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)
*	DD Forms 214, for the periods ending 24 January 1992 and 16 December 1992
*	NGB Form 22 (Report of Separation and Record of Service), for the period 
ending 3 April 2010
*	DD Form 256A (Honorable Discharge Certificate)

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 received an Honorable Discharge Certificate that clearly 
states he was honorably discharged.  In addition, he reenlisted in the Air National Guard 
and served six years with two combat deployments and received an honorable 
discharge.  He went on to be a technical sergeant and an aerial gunner on a combat 
search and rescue helicopter, where he flew over 100 missions into the Helmand Valley 
to retrieve U.S. and coalition personnel.  This error is impacting his retirement from the 
U.S. Marshals Service as he is unable to receive credit for his military service even 
though he paid into the program.

3.  Having had prior service in the U.S. Marine Corps, the applicant enlisted in the 
Regular Army on 3 September 1992.

4.  The applicant entered Special Forces (SF) training on or about 22 October 1992; 
however, he voluntarily withdrew from the program and requested separation on 
17 November 1992.  His release from SF training was approved effective 18 November 
1992.

5.  The applicant's commander recommended his separation from service on 
23 November 1992, under the provisions of Army Regulation 635-200 (Personnel 
Separations – Enlisted Personnel), Chapter 11, for failure to successfully complete the 
SF Assessment and Selection Course.  The applicant was further advised that his 
service would be uncharacterized.

6.  The applicant acknowledged receipt of the separation notification memorandum on 
25 November 1992.  He waived his right to consult with counsel and elected not to 
make any statements in his own behalf.

7.  The separation authority reviewed the proposed separation action on 1 December 
1992 and approved an entry-level separation with uncharacterized service in 
accordance with Army Regulation 635-200, Chapter 11.

8.  The applicant was discharged on 16 December 1992, under the provisions of Army 
Regulation 635-200, Chapter 11, by reason of entry level performance and conduct.  
The DD Form 214 he was issued shows he completed 3 months and 14 days of net 
active service and was not awarded a military occupational specialty.

9.  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.

10.  The applicant provides an NGB Form 22 that documents his honorable service as a 
member of the California Air National Guard, from 1 May 2004 through 30 April 2010.

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 considered the applicant’s statement, his service with the 
USMC and the California Air National Guard, his release from SF training and the 
resulting release from active duty while still in an entry level status.  The Board 
determined that based on the circumstances of his discharge and his status at the time, 
the character of service he received 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.
 


	  
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.  Chapter 11 provides for the separation of personnel because of unsatisfactory 
performance or conduct (or both) while in an entry-level status.  When separation of a 
Soldier in an entry-level status is warranted by unsatisfactory performance or minor 
disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or 
failure to adapt to the military environment, he or she will normally be separated per this 
chapter.  Service will be uncharacterized for entry-level separation under the provisions 
of this chapter.


ABCMR Record of Proceedings (cont)	 AR20190003330

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