ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  6 July 2021 DOCKET NUMBER:  AR20210007384 


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 3 August 2001, to show his service was characterized as under honorable conditions (general). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 293 (Application for Review of Discharge from the Armed Forces of theUnited States), dated 17 June 2020



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, U.S.Code (USC), Section 1552 (b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states he was discharged due to an altercation with his superiorofficer.  He has sought treatment and is reformed.

3.The applicant enlisted in the Regular Army on 23 March 2001.

4.The applicant was formally counseled by his chain of command between 22 Apriland 4 June 2001, for numerous infractions including but not limited to:  disrespecting anoncommissioned officer (NCO), disobeying a lawful order, provoking speech, andinsubordination.

5.The applicant's immediate commander notified the applicant on 5 June 2001 that hewas initiating actions to separate him under the provisions of Army Regulation 635-200(Personnel Separations – Enlisted Personnel), Chapter 11, for entry level statusperformance and conduct.  As the specific reason, the commander cited the applicant’snegative attitude, poor performance, and threatening behavior.

6.The applicant's immediate commander formally recommended the applicant’sseparation, under the provisions of Army Regulation 635-200, Chapter 11, on the samedate.

7.The applicant acknowledged receipt of the proposed separation notification on9 June 2001.  He was advised of the reasons for separation and of the rights availableto him.  He elected to consult with counsel and to submit a statement in his own behalf;wherein, he asked to be given a second chance to remain in the Army.

8.Court-martial charges were preferred against the applicant on 28 June 2001, forviolations of the Uniform Code of Military Justice (UCMJ).  His DD Form 458 (ChargeSheet) shows he was charged with:

.behaving with disrespect towards his superior commissioned officer, on or about2 June 2001

.offering violence against and willfully disobeying a lawful command from hissuperior commissioned officer, on or about 2 June 2001

.two specifications of willfully disobeying a lawful order from a superior NCO, onor about 2 June 2001 and on or about 3 June 2001

.two specifications of using disrespectful language towards a superior NCO, on orabout 3 June and on or about 25 June 2001

.assaulting a superior NCO by slapping his hand away, on or about 25 June 2001

.displaying disorderly conduct, on or about 25 June 2001



9.Before a summary court-martial on or about 11 July 2001, at Fort Knox, Kentucky,the applicant was found guilty of several specifications including willfully disobeying anddisrespecting a commissioned officer, disobeying a lawful order and disrespecting anNCO, and disorderly conduct.  The court sentenced him to confinement for 30 days andforfeiture of pay for one month.

10.The separation authority approved the recommended separation on 31 July 2001,under the provisions of Army Regulation 635-200, Chapter 11, and directed theissuance of an entry level separation (uncharacterized).

11.The applicant was discharged on 3 August 2001, under the provisions of ArmyRegulation 635-200, Chapter 11, for entry level performance and conduct.  TheDD Form 214 he was issued confirms he completed three months and 18 days of netactive service and his service was uncharacterized.

12.Soldiers are considered to be in an entry-level status when they are within their first180 days of active duty service.  The evidence of record shows the applicant was in anentry-level status at the time of his separation.

BOARD DISCUSSION: 



1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that relief was not warranted.  The applicant’scontentions, the military record, and regulatory guidance were carefully considered. Thegoverning regulation provides that a separation will be described as an entry-levelseparation, with service uncharacterized, if the separation action is initiated while aSoldier is in entry-level status.  Based on a preponderance of evidence, the Board determined there was no error or injustice and that his DD Form 214 properly shows hisservice as uncharacterized.2.An uncharacterized discharge is not meant to be a negative reflection of a Soldier’smilitary service.  It merely means the Soldier has not been in the Army long enough forhis or her character of service to be rated as honorable or otherwise.  As a result, thereis 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 :XX :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, USC, Section 1552(b), provides that applications for correction of militaryrecords 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 timelyfile within the three-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.
2.Army Regulation 635-200, in effect at the time, sets policies, standards, andprocedures to insure the readiness and competency of the force while providing for theorderly administrative separation of Soldiers for a variety of reasons.

a.Chapter 3 states a separation will be described as entry level withuncharacterized 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 honorand 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 aseparation 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. 
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