ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 May 2019 DOCKET NUMBER: AR20190003811 APPLICANT REQUESTS: His uncharacterized discharge be upgraded to an honorable discharge. 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) * Department of Veterans Affairs (VA) memo for character and disability rating 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, in effect, after being separated from the Army for disability, his service was uncharacterized. He was told after a number of years it would be upgraded pending review by a disability board. He received paperwork from the VA that showed his discharge was honorable. He always believed his discharge was honorable until he saw his DD Form 214. He would like his DD Form 214 upgraded to match what is in his VA records. 3. The applicant enlisted in the Oregon Army National Guard (ORARNG) on 16 July 2001. 4. The applicant entered active duty on 29 January 2002, for the purpose of completing his initial active duty for training (IADT). 5. The circumstances surrounding the applicant's separation are not available for review; however, Order 168-0154, issued by Headquarters, U.S. Army Armor Center and Fort Knox, Fort Knox, Kentucky on 17 June 2002, ordered the applicant's discharge from the Reserve of the Army and return to the ORARNG effective 20 June 2002, in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). These orders contain additional instructions that include the entry "Disability severance pay is not authorized due to service member having less than 6 months of active duty." 6. The applicant was released from active duty on 20 June 2006 and was discharged from the Reserve Army and returned to the ORARNG for further separation processing. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in: * Item 24 (Character of Service), his service was uncharacterized * Item 25 (Separation Authority), he was released from active duty in accordance with Army Regulation 635-40, para 4-24b (3) * Item 26 (Separation Code), his separation code was "JFL" * Item 27 (Reentry (RE) Code), his RE code was "3" * Item 28 (Narrative Reason for Separation), he was separated by reason of "disability, severance pay" 7. Governing Army regulations provide that a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status (prior to completing 180 days of active duty). The applicant's DD Form 214 shows he was credited with completing 4 months and 22 days of net active service as of his separation date. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined that the evidentiary record does not support granting 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 that 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. 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 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. c. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190003811 4 1