ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 June 2019 DOCKET NUMBER: AR20190003655 APPLICANT REQUESTS: In effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an upgraded service characterization. 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) 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 by a loan officer that her discharge code was usually attributed to pregnancy or misconduct for women and it needed to be corrected. She didn't become pregnant during basic training nor did she exhibit any type of misconduct. After being injured on the confidence course and then spending the good part of a day in the hospital, she was given the option of being recycled or of being sent home. She chose to be sent home. She is in the process of buying a home and had a Department of Veterans Affairs (VA) home loan guarantee on her first home. She has now been told that she didn't qualify and that someone made a mistake. She doesn't know what mistake was made or what has since changed. 3. The applicant enlisted in the Regular Army on the 24 August 1982. 4. The applicant received general counseling statements on 23 September 1992, for her failure to pass basic Army Physical Fitness Test (APFT) standards and her inability to qualify with the basic military rifle. 5. She received a second counseling statement on 1 October 1992, which noted she failed the APFT on three occasions due to being overweight, and she failed to qualify with the basic military rifle on four occasions. At this time, the applicant was given the option to be recycled or to be separated; she elected to be separated. 6. The applicant's unit commander notified her on 2 October 1992 that he was initiating actions to separate her under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 11-2, for failure to meet the minimum standards for completion of training. 7. The applicant acknowledged the proposed separation and waived her right to counsel and her right to submit statements in her own behalf. 8. The separation authority approved the applicant's discharge on 6 October 1992, under the provisions of Army Regulation 635-200, Chapter 11, and directed that the applicant receive an uncharacterized discharge. 9. The applicant was discharged on 25 March 1997. The DD Form 214 she was issued confirms she was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a; she was discharged in the rank/grade of private/E-1; and her service characterization was uncharacterized. 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 applicant’s statement, counseling documents in the records, the circumstances of her discharge and whether to apply DoD guidance. The Board found that she was discharged while in initial entry status and the character of service and separation code she 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. 7/10/2019 X X CHAIRPERSON X 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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides 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. 3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. 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. b. Paragraph 3-7b provides 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. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. c. Chapter 11 provides for the separation of personnel in an entry level status for unsatisfactory performance or conduct as evidenced by inability, lack of reasonable effort or a failure to adapt to the military environment. These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty. An uncharacterized separation is mandatory under this chapter.