IN THE CASE OF: BOARD DATE: 18 February 2020 DOCKET NUMBER: AR20190013405 APPLICANT REQUESTS: The applicant requests an upgrade of his uncharacterized discharge to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) * DD Form 214 (Certificate of Release or Discharge from Active Duty) for period ending 8 December 2000 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 he was separated under (Army Regulation 635-200), Chapter 11, Failure to Adapt but he did want to serve his country. Once he arrived at basic training, his saving lives or protecting the U.S. was different. 3. On 22 September 2000, at the age of 19 years old, the applicant enlisted in the U.S. Army Reserve (USAR) for a term of 8 years. On 19 September 2000, the applicant entered active duty to attend basic combat training at Fort Leonard Wood, MO. 4. He was counseled on three occasions during the period 21 October 2000 to 21 November 2000, for failing the diagnostic Army Physical Fitness Test (0 points for the run, required 25 points), intent to separate him under AR 635-200, Chapter 11, and his failure to adapt socially or emotionally to military standards. 5. A military police report revealed on 4 November 2000, the applicant was titled with Article 115, Uniform Code of Military Justice (UCMJ) –– Malingering (suicidal gesture). The report stated that the General Leonard Wood Army Community Hospital (GLWACH) emergency room reported a malingering. Investigation revealed the applicant ingested 20, 250 milligrams of Tylenol tablets in an effort to avoid military service. He was transported to the hospital by ambulance where he was advised of his rights, which he invoked. He was titled and released to the hospital where he was treated and admitted. 6. DA Form 2173 (Statement of Medical Examination and Duty Status) revealed: a. The applicant was treated by the GLWACH, Fort Leonard Wood, MO, for suicide gesture. In the treating physician’s medical opinion the applicant was not under the influence, he was mentally sound, his injury was not likely to result in a claim against the government for future medical care, and his injury incurred in line of duty. It also stated the service member allegedly made a suicide gesture by ingesting 20 Tylenol. b. The commander in his details of the accident stated that the applicant said he swallowed approximately 20 Tylenol. The GLWACH treated the applicant and their opinion was that he actually took three or four Tylenol. The commander determined that a formal line of duty was not required. The commander’s statement was reviewed by the battalion executive officer. 7. On 29 November 2000, the applicant’s immediate commander notified the applicant that he was initiating separation actions against him under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, (Entry Level Performance and Conduct) for lack of motivation. The commander stated the applicant had been counseled numerous times in an effort to improve his substandard performance and bad attitude, but has made no effort to respond. 8. The applicant acknowledged he had been notified of the pending separation action against him, he understood if approved he would receive an entry level separation –– uncharacterized. He declined to consult with counsel and waived his rights in writing. 9. The immediate commander recommended the applicant be discharged and indicated that the applicant did not receive a rehabilitation transfer. On 4 December 2000, the appropriate separation authority approved the separation under AR 635-200, Chapter 11 and approved the commander's request to waive the rehabilitation transfer. 10. On 8 December 2000, the applicant was discharged accordingly. His service was characterized as uncharacterized. He completed 2 months and 10 days of net active service this period. His DD Form 214, shows: * Separation Authority: AR 635-200, Chapter 11 * Narrative Reason: Entry Level Performance and Conduct 11. On 8 December 2000, he was also discharged from the USAR. 12. The record is void of a mental status evaluation and a medical examination for separation. A medical examination and/or a mental status evaluation were not required for this type of separation during this period. 13. The applicant states he was separated under (Army Regulation 635-200), Chapter 11, Failure to Adapt but he did want to serve his country. Once he arrived at basic training, his saving lives or protecting the U.S. was different. His record shows he enlisted at the age of 19 years old, he was counseled on three occasions, and he was titled by the military police for malingering for suicidal gestures. He served 2 months and 17 days of his 8 years contractual obligation. 14. AR 635-200 states separation under Chapter 11 applied to Soldiers who were in an entry-level status (i.e., had completed no more than 180 days of continuous active duty before the date of the initiation of separation action) who could not meet the minimum standards for completion of training. An uncharacterized description of service was required for separation under this chapter. 15. The applicant is advised an uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier had not been in the Army long enough for his character of service to be rated as honorable or otherwise. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was warranted. Based upon a documentary review of the applicant’s military record, the Board concluded that the applicant failed to complete a period of active duty where he was assigned for initial entry training (IET). Army Regulation 635-200 provides that when a RC Soldier fail to complete IADT and is separated within the first 180 days of active service, the character of service will be Uncharacterized. Based upon regulatory guidance, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the characterization of service. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request. 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 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. AR 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. Chapter 11 (Entry Level Performance and Conduct), of the regulation in effect at the time provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status. This provision applied to individuals who had demonstrated they were not qualified for retention because they: * could not adapt socially or emotionally to military life * lacked the aptitude, ability, motivation, or self-discipline for military service * demonstrated characteristics not compatible with satisfactory continued service b. The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. Separation under this chapter applied to Soldiers who were in an entry-level status (i.e., had completed no more than 180 days of continuous active duty before the date of the initiation of separation action). An uncharacterized description of service was required for separation under this chapter. c. It states in pertinent part that an uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when The Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. For Army National Guard (ARNG) and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. It terminates for Soldiers ordered to initial active duty for training (IADT) for one continuous period 180 days after beginning training. For Soldiers ordered to IADT for split or alternate training option, 90 days after beginning Phase II (AIT). (Soldiers completing Phase I (basic training or basic combat training) remain in entry level status until 90 days after beginning Phase II.) d. 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. e. (Uncharacterized Separations). A separation was deemed entry-level status when commanders initiated the action while the Soldier was within the first 180 days of continuous active duty. Soldiers separated in an entry-level status were issued an uncharacterized character of service. On a case-by-case basis, and when clearly warranted due to unusual circumstances involving personal conduct or duty performance, the Secretary of the Army could grant a Soldier an honorable character of service. 3. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. a. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. b. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190013405 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS Record of Proceedings 1