ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 September 2020 DOCKET NUMBER: AR20190008455 APPLICANT REQUESTS: amendment of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect honorable discharge in lieu of uncharacterized discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * U.S. Army Human Resources Command Orders D-10-340445, dated 31 October 2003 * DD Form 256A (Honorable Discharge Certificate) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 his discharge needs to be changed to honorable for finishing his duty. He is a proud veteran of our Armed Forces. 3. The applicant enlisted in the Regular Army on 27 December 1990. 4. A DA Form 3822-R (Report of Mental Status Evaluation), dated 7 March 1991, shows the applicant underwent a mental status evaluation on the date of the form that shows the following: * the applicant constantly had suicide on his mind secondary to his girlfriend’s abortion * he was hospitalized for suicidal behavior for 45 days in 1987 * he cries himself to sleep at night and is preoccupied with family problems to the exclusion of his duty requirements * he will be enrolled in Southern Methodist University * he was diagnosed with adjustment disorder with depressed features and immature traits * he was deemed to have the mental capacity to understand and participate in the proceedings, was mentally responsible, and met the retention requirements of chapter 3, Army Regulation 40-501 (Standards of Medical Fitness) * he was found to be clearly unsuited for further military service due to demonstrated behavior which is compatible with the diagnoses as given above * prompt administrative separation from the Army was recommended 5. His records contain a DA Form 4856 (Counseling Statement), dated 11 March 1991, which states: * it had come to the attention of his immediate commander that the applicant’s overall behavior was deficient * Community Mental Health and the Chief, Department of Psychiatry, reported the applicant contemplated suicide presently and in the past and that he was preoccupied with family problems to the exclusion of duty requirements * his company commander was therefore recommending the applicant receive an entry-level separation 6. On 11 March 1991, his company commander requested the applicant be non- academically dropped from the 91A (Combat Medical Specialist) class as he demonstrated character and behavior characteristics not compatible with satisfactory course completion. He believed the applicant needed to go home as soon as possible. 7. On 14 March 1991, the applicant was notified by his immediate commander of his initiation of action to separate him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, for entry level status performance and conduct, finding he was unsuited for military service due to his demonstrated behavior. He informed the applicant of his right to consult with counsel and submit written statements in his behalf. 8. On 14 March 1991, the applicant acknowledged understanding the basis for the contemplated action to separate him from the Army under the provisions of Army Regulation 635-200, chapter 11 and its effects. He acknowledged having been afforded the opportunity to consult with appointed counsel and declined the opportunity. He did not submit statements in his own behalf and did not feel that any amount of counseling would allow him to overcome the deficiencies forming the basis of this discharge action. He requested immediate discharge. 9. On 14 March 1991, the approval authority directed the applicant’s discharge under the provisions of Army Regulation 635-200, chapter 11. It was determined the applicant would not be transferred to the Individual Ready Reserve (IRR) and would be given an entry level separation. 10. He was discharged accordingly on 26 March 1991, under the provisions of Army Regulation 635-200, chapter 11, for entry level status after 3 months of net active service. His service was uncharacterized. 11. On an unknown date, the applicant was appointed as a second lieutenant in the U.S. Army Reserve (USAR). Headquarters, 88th Regional Support Command Orders 96A-144-106, dated 23 May 1996, reassigned the applicant in the USAR effective 31 May 1996 from the USAR (IRR) to the U.S. Army Reserve Personnel Center (Annual Training) due to being a “no show” in the IRR. 12. The applicant provided U.S. Army Human Resources Command Orders D-10-340445, dated 31 October 2003, which show he was honorably discharged from the USAR effective 1 January 2004. He also provided a corresponding Honorable Discharge Certificate showing he was honorably discharged from the U.S. Army as a first lieutenant in USAR on 1 January 2004. 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 record and length of service, the report of Mental Status Evaluation and a Counseling Statement, his entry-level status and drop from training, and the reason for his separation. The Board considered the applicant’s subsequent USAR service. The Board found insufficient evidence of in-service mitigation for his separation and the applicant provided no additional evidence. 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 Army Board for Correction of Military Records (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 (Personnel Separations – Enlisted Personnel) 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. 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 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. This policy applies to Soldiers in the Regular Army, Army National Guard (ARNG), and USAR who have completed no more than 180 days of continuous active duty or initial active duty for training (IADT) or no more than 90 days of Phase II under a split or alternate training option. d. Section II (Terms) of the Glossary defines entry-level status for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. For ARNG and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II of Advanced Individual Training. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190008455 5 1