IN THE CASE OF: BOARD DATE: 21 September 2021 DOCKET NUMBER: AR20200009505 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change her characterization of her service as honorable vice uncharacterized. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 she received an entry-level performance and conduct discharge. She had no disciplinary issues while she was enlisted. She loved the military and the reason she was chaptered was because she was physically abused by her husband. She had two small children at the time with no one to care for them. 3. A review of the applicant’s service record shows: a. She enlisted in the Regular Army on 12 January 1994. b. While she was assigned to advanced individual training at Fort Leonard Wood, MO, she was interviewed by the brigade chaplain who recommended her for discharge for not demonstrating adequate coping skills to be successful as a Soldier. She was struggling with loyalty at home with excessive demand of an unstable home environment. She is depressed constantly about leaving her children. c. On 4 May 1994, she was also seen by a social worker who stated the applicant made every attempt to adjust to her military status; however, feels it is in the best interest of the military, her family, and herself if she be discharged as soon as possible. d. On 5 May 1994, her immediate commander notified the applicant he was separating her under the provisions of Army Regulation (AR) 635-200 (Enlisted Personnel – Personnel Separations), chapter 11, paragraph 3a (Entry Level Status Performance and Conduct) (Trainee Discharge Program)) for not adapting socially or emotionally to military life. He recommended the applicant receive an uncharacterized discharge (entry level status separation). e. On 9 May 1994, the applicant consulted with legal counsel. She was advised of the basis of the contemplated action to separate her for inability to adapt to military environment under the provisions of AR 635-200, entry level status performance and conduct (Trainee Discharge Program), its effects, the rights available to her, and the effect of any action taken by her in waiving her rights. She elected not to submit statements in her own behalf. f. The immediate commander initiated action to separate her from the Army under the provisions of AAR 635-200, chapter 11 for not being able to adapt socially or emotionally to military life. She demonstrated character and behavior characteristics not compatible with satisfactory continued service. g. Her chain of command recommended approval for a request for waiver of rehabilitative transfer and recommended discharge under the provisions of AR 635-200, chapter 11 for entry level status performance and conduct and further recommended her service be characterized as uncharacterized. h. On 8 June 1994, she was discharged from active duty under the provisions of AR 635-200, chapter 11 (Entry Level Performance and Conduct). Her DD Form 214 shows she completed 4 months and 27 days. It also shows her character of service as uncharacterized. i. There is no evidence she completed training or was awarded a military occupational specialty. j. There is no evidence she petitioned the Army Discharge Review Board for review of her separation processing within that board's 15-year statute of limitations. 4. By regulation (AR 635-200): a. Chapter 11 provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status. This provision of regulation applies to individuals who are in an entry-level status and, before the date of the initiation of separation action, completed no more than 180 days of continuous active duty. It further applied to individuals who had demonstrated they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self-discipline for military service, or they had demonstrated characteristics not compatible with satisfactory continued service. The regulation required an uncharacterized description of service for separation under this chapter. b. Entry-level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days. The uncharacterized service is assigned regardless of the reason for separation. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. 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, her DD Form 214 properly shows her 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 :XX 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, U.S. Code, 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 Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, prescribes for the separation of enlisted personnel. Chapter 11 provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status. This provision of regulation applies to individuals who are in an entry-level status and, before the date of the initiation of separation action, completed no more than 180 days of continuous active duty. It further applied to individuals who had demonstrated they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self-discipline for military service, or they had demonstrated characteristics not compatible with satisfactory continued service. The regulation required an uncharacterized description of service for separation under this chapter. a. Entry-level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days. The uncharacterized service is assigned regardless of the reason for separation. b. Paragraph 3-7a (Honorable Discharge) states an honorable discharge is a separation with honor. 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. Only the honorable characterization may be awarded a member upon completion of his or her period of enlistment or period for which called or ordered to active duty or active duty training or where required under specific reasons for separation, unless an entry level status separation (uncharacterized) is warranted. c. Paragraph 3-7b (General Discharge) states a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a member whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. d. Paragraph 3-9 (Uncharacterized Separations) states a separation will be described as an entry level separation if processing is initiated while a member is in entry level status. e. A separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status except when the Soldier has less than 181 days of continuous active military service, has completed initial entry training, has been awarded a military occupational specialty, and has reported for duty at a follow-on unit of assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009505 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1