IN THE CASE OF: BOARD DATE: 6 October 2021 DOCKET NUMBER: AR20200009743 APPLICANT REQUESTS: reconsideration of her previous request to change her uncharacterized discharge to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs letter FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number on 19 September 2019 2. The applicant states, in effect, her discharge should be upgraded. She provides a VA letter that essentially states for the purpose of VA benefits, she served from 15 November 1990 to 30 April 1991, her service was honorable. 3. Review of the applicant's service records shows: a. She enlisted in the Regular Army on 15 November 1990. She was assigned to Fort Lee, VA for completion of specialty training. b. During training, she was frequently counseled for being unable to adjust to military life. She had too many family problems on her mind and she was unable to adapt to the military environment. c. On 25 March 1991, she underwent a command-referred mental status evaluation. Her DA Form 3822-R (Report of Mental Status Evaluation), dated 28 March 1991, shows she presented very depressed. Personal problems have made military life difficult to adjust to for this her, and therefore, expeditious separation is recommended, as she is psychiatrically cleared to go. Recommendation and plans for follow-up counseling as well as participation in a support group provided in Community Mental Health Service clinic setting have been made to follow her until separation. d. On 16 April 1991, the applicant's immediate commander notified the applicant of his intent to initiate separation action, under the provisions of Army Regulation (AR) 635-200 (Personnel Separation), Chapter 11, Paragraph 11-3a, due to her inability to adapt to the military environment both emotionally and socially. He recommended that she receives an Entry Level Separation (Uncharacterized). e. The applicant acknowledged receipt and consulted with counsel. She was advised by her consulting counsel of the basis for the contemplated action to separate her for entry level status performance and conduct, under the provisions of R 635-200, Chapter 11, and its effects; of the rights available to her; and the effect of any action taken by her in waiving her rights. She declined making a statement on her own behalf. f. Subsequent to the applicant's acknowledgement and consult with counsel, her immediate commander initiated action to separate her from service under the provisions of AR 635-200, paragraph 11-3a. g. On 24 April 1991, the separation authority approved the applicant's discharge on under the provisions of AR 635-200, paragraph 11-3a (2a) and directed that she received an entry level separation with uncharacterized service. h. The applicant was discharged from active duty on 30 April 1991. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was discharged under the provisions of AR 635-200, paragraph 11-3a, following completion of five months and 16 days of net active service. She was assigned Separation Code JGA. i. There is indication she petitioned the Army Discharge Review Board for review of her discharge within that boards 15-year statute of limitations. j. On 19 September 2019, the Board carefully considered her request, supporting documents and evidence in the records. The Board considered her statement, her record and length of service, the reason for her separation and her status at the time of separation. The Board found insufficient evidence that the applicant completed required training or that she was awarded an MOS; she was in an entry-level status at the time of separation. The Board found the applicant did not serve sufficient time to make a fair decision as to the overall service characterization. Based on a preponderance of evidence, the Board determined that the character of service she received upon separation was not in error or unjust. The Board found that relief was not warranted 4. 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: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was not warranted. The Board carefully considered applicant’s contentions, military record, and regulatory guidance. Documentation regarding the circumstance of her discharge shows that the applicant was afforded a mental health evaluation based on the referral of her command. As a result, she was determined to be having difficulty adjusting to military life, afforded counseling and participation in a support group until separation. As her discharge was within the first 180 days of active duty service, she was properly discharged with a character of service as uncharacterized in accordance with regulatory guidance. Based on the preponderance of evidence available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF :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 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. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. a. Chapter 11 provides for the separation of personnel in an entry level status for unsatisfactory performance or conduct as evidenced by inability, lack of reasonable effort or a failure to adapt to the military environment. These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty. An uncharacterized separation is mandatory under this chapter. b. 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. A general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A general discharge may be issued only when the reason for separation specifically allows such characterization. 2. 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) AR20200009743 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1