BOARD DATE: 22 October 2019 DOCKET NUMBER: AR20190004289 APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 13 February 2001, to show her service was characterized as either under honorable conditions (general) or 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 20 March 2019 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: a. She was unaware that her trauma would have affected her in the way that it did. Today, she would have been an officer because that was her lifelong dream. When she arrived at training, a drill sergeant picked her out of the crowd of 300 new arrivals, walked up to her, and said "what do we have here, where in Africa are you from?" It was at that moment that every humiliation she had suffered came flooding back to her. b. She was 33 years old when she entered the military and was the strongest woman in her platoon. However, she was constantly discriminated against because of her age. Some of the comments included "why did you wait so late to enter the military, it will break you up." She wanted a military career but did not know she could not emotionally handle the military. She did not know that public humiliation could cause her to regress and become emotionally debilitated. She does not recall receiving a psychological or mental health evaluation. 3. The applicant enlisted in the Regular Army on 31 August 2000. 4. The applicant's record is void of a separation packet containing the specific facts and circumstances surrounding her discharge processing. However, the DD Form 214 she was issued shows she was discharged on 13 February 2001, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 11, by reason of entry level performance and conduct. She was credited with completing five months and 13 days of net active service and was not awarded a military occupational specialty. Her service was uncharacterized. 5. 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 her separation processing. As a result, her service was appropriately described as "uncharacterized" in accordance with governing regulations. 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 regarding her separation, her record and length of service, the absence of a separation packet, her entry-level status and the reason for her separation. The Board found insufficient evidence of in-service mitigation to overcome the reason for separation and found that the applicant did not complete required training for award of an MOS. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found 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 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3 provides that 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. Paragraph 3-9, in effect at the time of the applicant's separation, provided that a separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry-level status, except when: (1) a discharge under other than honorable conditions was authorized, due to the reason for separation and was warranted by the circumstances of the case; or (2) the Secretary of the Army, on a case-by-case basis, determined a characterization of service as honorable was clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization was authorized when the Soldier was separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority. d. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190004289 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190004289 4 ABCMR Record of Proceedings (cont) AR20190004289 3