ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 September 2019

	DOCKET NUMBER:  AR20190006589


APPLICANT REQUESTS:  Her characterization of service be changed from 
uncharacterized to under honorable conditions (general).  Additionally, she requests 
correction of her records to show her last name as C instead of H.

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), dated9 April 2019
*	Fort Jackson (FJ) Form 8-1 (Basic Training Certificate)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), for the 
period ending 30 April 1991
*	State of Alabama Marriage License

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 separated under other than dishonorable conditions 
and needs to have her characterization shown as general.

3.  The applicant enlisted in the Regular Army on 15 November 1990.  Her enlistment 
records show she enlisted under the last name Hxxxxxx.

4.  The applicant was afforded a mental status evaluation on 28 March 1991.  The 
examining official noted that she was command-referred for an evaluation due to 
depression.  It was stated that personal problems had made military life difficult for her 
to adjust to and an expeditious separation was recommended. 

5.  The applicant's drill sergeant completed a DA Form 4856 (General Counseling Form) 
on 11 April 1991, to document her formal counseling of the applicant regarding her 
mental status evaluation and the recommendation for her separation.

6.  The applicant's unit commander counseled her on or about 16 April 1991, regarding 
the initiation of separation actions due to her inability to adapt to military life.  The 
relevant General Counseling Form shows her commander noted that she was suffering 
from depression stemming for traumatic experiences during her childhood.  The 
applicant had tried to adjust but was unsuccessful.

7.  Formal notification of the proposed separation was forwarded to the applicant on or 
about 17 April 1991.  The applicant acknowledged the notification and waived her right 
to make a statement in her own behalf.

8.  The applicant's unit commander formally recommended her separation from service 
under the provisions of Army Regulation 635-200, paragraph 11-3a.  The separation 
authority approved the applicant's discharge on 24 April 1991, under the provisions of 
Army Regulation 635-200, paragraph 11-3a (2a) and directed that she receive an entry 
level separation with uncharacterized service.

9.  The applicant was discharged on 30 April 1991.  The DD Form 214 she was issued 
shows she was discharged under the provisions of Army Regulation 635-200, 
paragraph 11-3a, following her completion of five months and 16 days of net active 
service.  Her DD Form 214 confirms she was separated under the last name H and her 
service was uncharacterized.

10.  The applicant married on 29 June 1996, taking her husband's last name.  The 
applicant served under her maiden name (H) and did not take the last name of C until 5 
years after her separation.   

11.  For historical purposes, the Army has an interest in maintaining the accuracy of its 
records.  The data and information contained in those records should actually reflect the 
conditions and circumstances that existed at the time the records were created.  In the 
absence of a showing of material error or injustice, the Board is reluctant to recommend 
that those records be changed.

12.  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.  As a result, her service was 
appropriately described as "uncharacterized" for this period of active service, in 
accordance with governing regulations.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, her record 
and length of service, the reason for her separation and her status at the time of 
separation.  The Board also considered the date of the applicant’s marriage and name 
change.  The Board found insufficient evidence that the applicant completed required 
training or that she was awarded an MOS; she was in an entry-level status at the time of 
separation.  The Board found the applicant did not serve sufficient time to make a fair 
decision as to the overall service characterization.  The Board found evidence that the 
applicant’s name changed five years after the completion of her service.  Based on a 
preponderance of evidence, the Board determined that the character of service the 
applicant received upon separation and the last name appearing on her DD Form 214 
were 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

:XXX	:XXX	:XXX	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.  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.  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.

ABCMR Record of Proceedings (cont)	 AR20190006589
	
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