IN THE CASE OF: BOARD DATE: 31 January 2022 DOCKET NUMBER: AR20210009808 APPLICANT REQUESTS: correction to her record to show she received an honorable discharge vice an uncharacterized discharge. 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, U.S. Code (USC), 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 had a fracture in training, which caused her to have to leave training early. 3. The applicant did not provide any supporting documentation. 4. A review of the applicant’s service record shows: a. On 18 November 2004, she enlisted in the Regular Army. b. On 28 January 2005, she received a developmental counseling statement, which states, she was being counseled on her status as a trainee. She had been seen by Dr. and noted that the applicant had a poor prognosis for completing training, due to her suffering from diminished motivation, with increased levels of pain with minimal activities. She was being recommended by Dr. for discharge, in accordance with Army Regulation 635-200, Chapter 11 for a physical condition that interferes with her performance of duty. The applicant concurred with the counseling statement. c. On 9 February 2005, the applicant was recommended for separation with an entry level separation (ELS). She declined the right to consult with an appointed counsel and waived her rights in writing. d. On 14 February 2005, the applicant’s recommendation was approved due to her failure to adapt to military life, and her lack of self-confidence and motivation to become an effective Soldier in the U.S. Army. In addition, she failed to meet requirements. e. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was discharged with an uncharacterized discharge due to an ELS - performance and conduct. She completed 2 months and 29 days of net active service. 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 available for review indicates that the applicant received proper counseling, afforded access to medical evaluation, and separated for a physical condition that interfered with her performance of duty. Her military record is void any evidence of a fracture and she did not provide any on her behalf. As she was in entry level status and had not received an MOS, in accordance with regulatory guidance she was discharged with a characterization of service as “uncharacterized.” 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. 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 for correction of the records of the individual concerned. X 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 sets forth the basic authority for the separation of enlisted personnel. a. 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. b. 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 characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. c. 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. 3. Pursuant to regulatory guidance, 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 her separation. As a result, her service was appropriately described as uncharacterized for this period of active service, in accordance with governing regulations. //NOTHING FOLLOWS//