IN THE CASE OF: BOARD DATE: 20 April 2020 DOCKET NUMBER: AR20190014649 APPLICANT REQUESTS: The applicant requests the Board to change of his uncharacterized character of service to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Army Discharge Review Board) * DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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, when he was discharged, he was told he would receive Department of Veterans Affairs (VA) GI Bill education, burial, and other benefits. He contracted pneumonia while on active duty and was told he had asthma; the Board should be able to obtain copies of his military medical records. 3. The applicant's service records show: a. On 23 February 1993, the applicant enlisted into the Regular Army for 3 years; orders transferred him to Fort Sill, OK to complete one-station-unit-training (OSUT). b. The applicant's service records do not include his separation packet, but there is a DD Form 214 (Certificate of Release or Discharge from Active Duty) , which shows, on 6 April 1993, the applicant was separated with an uncharacterized character of service; his DD Form 214 further indicates he completed 1 month and 14 days of his 3-year enlistment contract. The separation authority was Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11 (Separation of Personnel Who Did Not Meet Procurement Medical Fitness Standards); he was awarded or authorized no awards or decorations. 4. The applicant argues, when he was discharged, he was told he would receive his VA benefits; he contracted pneumonia while on active duty and was told he had asthma. a. The absence of the applicant's separation packet means the Board is unable to determine the specific circumstance(s) that led to his discharge; however, despite the unavailability of the applicant's separation packet, and in light of the record copy of his DD Form 214, the Board presumes the applicant's leadership completed his separation properly. This presumption notwithstanding, both AR 635-8 (Separation Processing and Documents) and AR 600-8-104 (Army Military Human Resources Records Management) require supporting documents for an approved separation action to be maintained in the affected Soldier's OMPF. b. AR 635-200, in effect at the time, required Soldiers to be separated when they did not meet procurement medical fitness standards. (1) Medical proceedings had to establish that medical authority had identified a Soldier's disqualifying medical condition(s) within 6 months of his/her initial entrance on active duty, and that the condition(s) would have permanently or temporarily disqualified him/her for active duty, had they been identified earlier. (2) In addition, Soldiers who were in an entry-level status (i.e. the first 180 days months of continuous active duty service) were required to receive an uncharacterized character of service. The Secretary of the Army could, on a case-by-case basis, issue an honorable character of service to entry-level Soldiers when it was clearly warranted by unusual circumstances involving personal conduct or duty performance. c. With regard to the applicant's implied request to gain eligibility for VA receive benefits: the ABCMR is not authorized to grant requests for the upgrade of discharges solely for the purpose of making an applicant eligible for Veterans' benefits; however, in reaching its determination, the Board can consider the applicant's petition, his service record, and his statements in light of the published guidance on equity, injustice, or clemency. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions, the military service record, and regulatory guidance were carefully considered. The Board considered his length of service, the absence of evidence to show completion of required training and the absence of medical documentation to support the applicants claim. 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. Based on a preponderance of evidence, the Board determined that the applicant’s DD Form 214 properly shows his service as uncharacterized. 2. 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 :XX :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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-200, in effect at the time, prescribed policies and procedures for enlisted administrative separations. a. Paragraph 3-7a (Honorable Discharge) stated an honorable discharge was a separation with honor. The honorable characterization was appropriate when the quality of the Soldier's service generally met the standards of acceptable conduct and duty performance. b. Paragraph 3-7b (General Discharge) stated a general discharge was a separation from the Army under honorable conditions. When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Paragraph 3-9 (Uncharacterized Separations). Soldiers separated in an entry- level status receive an uncharacterized character of service. A separation is an entry level status separation if its processing is initiated during the Soldier's first 180 days of continuous active duty. The Secretary of the Army could, on a case-by-case basis, issue an honorable character of service to entry-level Soldiers when clearly warranted by unusual circumstances involving personal conduct or duty performance. d. Paragraph 5-11 specifically provided that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty, active duty for training, or initial entry training were to be separated. (1) The regulation required medical proceedings to be convened; the proceedings assessed a Soldier's medical condition(s) and determined whether appropriate medical authority had identified the conditions within 6 months of the Soldier's initial entry on active duty. Additionally, the board had to show the condition would have temporarily or permanently disqualified the Soldier for entry into the military service, had it been detected at the time of enlistment. (2) An uncharacterized character of service was issued to Soldiers who had not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action. The regulation considered these Soldiers to be in an entry-level status. 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. 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 on the basis of 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. 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) AR20190014649 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS Record of Proceedings 1