IN THE CASE OF: BOARD DATE: 29 November 2020 DOCKET NUMBER: AR20190014550 APPLICANT REQUESTS: Reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decisions as promulgated in Dockets Number AR and AR2, on 9 September 2014 and 30 August 2019, respectively. Specifically, he requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was honorably discharged for medical reasons. 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 11 September 2019 * DD Form 214, for the period ending 4 November 1996 * Department of Veterans Affairs (VA) Medical Center Progress Notes, printed on 22 January 2014 * VA Decision Letter, dated 25 September 2014 * VA Benefit Summary Letter, dated 22 October 2014 FACTS: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Dockets Number AR and AR, on 9 September 2014 and 30 August 2019, respectively. 2. The applicant states: a. It was not his fault he got hurt and he should not be penalized for it. He is 100 percent (%) disabled and because of that injury, his ability to do normal things has gone away. Currently, he cannot get a VA home loan guarantee because the wrong information was input on his DD Form 214. b. He was injured while in basic training. He tore the posterior cruciate ligament and anterior cruciate ligament in his left knee. His drill sergeant advised him if he waited for the medical board process, it would take two years, and he would be stuck in training the entire time. His drill sergeant advised him to take early leave and separation to get back home and have surgery. 3. The applicant enlisted in the Regular Army on 23 August 1996. 4. The applicant was formally counseled on eight occasions between 9 September and 18 October 1996, for reasons including but not limited to: physical profile, recommendation for rehabilitation, disruptive influence, and refusal of medical treatment. 5. The applicant was placed on a temporary profile for his defective knee on 23 September 1996. 6. A DA Form 3822-R (Report of Mental Status Evaluation), dated 8 October 1996, indicates the applicant was diagnosed with an adjustment disorder due to a general medical condition. The examining official recommended he be expeditiously separated from active duty as he was likely to become a disruptive influence to the unit morale and mission. 7. The applicant's immediate commander notified the applicant on 17 October 1996 of his intent to initiate separation actions against him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 11-2, for entry level separation. His commander cited his inability to meet standards, failure to adapt, personal desire for discharge, and refusal of medical treatment. 8. The applicant acknowledged receipt of the separation notification on 17 October 1996. He waived his right to consult with counsel and elected not to make any statements in his own behalf. However, in a sworn statement dated 17 October 1996, he stated he no longer desired to be in the Army and refused an operation at Fort Benning. He further stated he would rather have his operation at a later date after he was returned home. 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 recommendation on 18 October 1996 and directed the issuance of an entry level separation. 10. The applicant was discharged on 4 November 1996, under the provisions of Army Regulation 635-200, Chapter 11, for entry level performance and conduct. The DD Form 214 he was issued confirms he completed two months and 12 days of net active service and his service was uncharacterized. 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: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for consideration. The Board considered the applicant’s statement, his record of service, VA documents/ medical progress notes provided by the applicant and regulatory guidance. The Board noted the applicant did not complete initial training and did not receive an MOS due to applicant being discharged prior to completion of training. 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. The governing regulation provides that a separation will be described as an entry-level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status. As such, his DD Form 214 properly shows his service as uncharacterized. The Board determined, 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 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 to amend the decision of the ABCMR set forth in Docket Number AR, on 30 August 2019. 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 (Personnel Separations – Enlisted Personnel), sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3 provides that 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. Paragraph 3-9, in effect at the time of the applicant's separation, provided that a separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry-level status, except when: (1) a discharge under other than honorable conditions was authorized, due to the reason for separation and was warranted by the circumstances of the case; or (2) the Secretary of the Army, on a case-by-case basis, determined a characterization of service as honorable was clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization was authorized when the Soldier was separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority. d. 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) AR20190014550 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS \ RECORD OF PROCEEDINGS 1