IN THE CASE OF: BOARD DATE: 10 March 2020 DOCKET NUMBER: AR20190012823 APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge for Active Duty) to show her service was characterized as 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 4 September 2019 * DD Form 214, for the period ending 15 December 1998 * Department of Veterans Affairs (VA) response letter, dated 14 August 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, in effect, her DD Form 214 states her discharge was uncharacterized. The VA has her characterization listed as honorable. She would like her DD Form 214 corrected to show an honorable characterization. 3. The applicant enlisted in the Regular Army on 12 November 1998. 4. The applicant's record is void of a separation packet containing the specific facts and circumstances surrounding her discharge processing. However, Orders Number 345- 1307, issued by Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, SC on 11 December 1998, ordered the applicant's discharge from the Regular Army effective 15 December 1998, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). 5. The applicant was discharged on 15 December 1998, under the provision of Army Regulation 635-200, Chapter 11, by reason of entry level status performance and conduct. Her DD Form 214 shows she was credited with completing one month and four days of creditable active military service but was not awarded a military occupational specialty. 6. 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 described as "uncharacterized" for this period of active service, in accordance with governing regulations. 7. The applicant provides a copy of her DD Form 214 and a VA response letter showing the VA considers her service as honorable. 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, her record and length of service, the absence of a separation packet and the reason for her separation. The Board considered the applicant provided VA response letter pertaining to her service and note the VA operates under a different statute regarding such determinations and can make them independent from the military services. The Board found insufficient in-service evidence to show the applicant was not in an entry-level status at the time of her separation or that the reason was for something other than performance or conduct. 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 : : : 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190012823 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190012823 4 ABCMR Record of Proceedings (cont) AR20190012823 3