ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 September 2019 DOCKET NUMBER: AR20190009302 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 4 June 1984, to show his service was characterized as under honorable conditions (general). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 24 June 2019 * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 4 June 1984 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, since his DD Form 214 doesn’t have the type of discharge on it he runs into problems whenever someone requests it. 3. The applicant enlisted in the Regular Army on 20 March 1984. He entered active duty for training, for the purpose of completing his initial entry training; however, his record indicates he did not finish his initial entry training. 4. The applicant's record contains numerous DA Forms 4856 (General Counseling Form), dated between 31 March and 21 May 1984, which show he was formally counseled for failing inspections, not maintaining his personal hygiene, and failure to follow instructions. 5. A DA Form 3822-R (Report of Mental Status Evaluation), dated 14 May 1984, shows the applicant was evaluated and cleared for any administrative action deemed appropriate by command. 6. A Report of Interview from the Brigade Chaplain, dated 17 May 1984, states the applicant wished to be separated due to family problems that prevented him from concentrating on his training. 7. The applicant's immediate commander notified the applicant on 21 May 1984 that he was initiating actions to separate him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 11, for entry level status performance and conduct (Trainee Discharge Program). As the specific reason, the applicant's commander cited the applicant’s lack of motivation and maturity, as well as a strong recommendation by mental hygiene. 8. The applicant acknowledged receipt of the separation notification on 22 May 1984. He waived his right to consult with counsel and elected not to make any statements in his own behalf. 9. The applicant's immediate commander formally recommended his separation under the provisions of Army Regulation 635-200, Chapter 11. The separation authority approved the separation recommendation on 24 May 1984 and directed the issuance of an entry level separation with uncharacterized service. 10. The applicant was discharged on 4 June 1984, under the provisions of Army Regulation 635-200, paragraph 11-3a. The DD Form 214 he was issued shows he completed 2 months and 15 days of net active service and his service was characterized as "entry level status." 11. 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 his separation. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for discharge upgrade requests. The Boar considered the applicant’s statement, his record and length of service, the frequency and nature of his misconduct, the absence of evidence to show his completed training, his entry-level status and the reason for his separation. The Board found insufficient evidence to show the reason for his separation and his status at the time of discharge was not appropriate. 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 :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, 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. 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. 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. 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. ABCMR Record of Proceedings (cont) AR20190009302 2 1