IN THE CASE OF: BOARD DATE: 16 December 2021 DOCKET NUMBER: AR20210010636 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge for Active Duty) for the period ending 29 May 2001 to show his service was characterized as honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Forms 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), dated 5 October 2020 * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 5 October 2020, with an undated, self-authored letter 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, in effect: a. He hastily enlisted to be a combat medic in 2001 but was not prepared to be a Soldier at that time. He was an overweight 19-year-old immature kid, not physically conditioned to complete basic training, and destined to make bad decisions. He was sent to Fort Leonard Wood, MO, for basic training in April 2001. Due to his poor physical condition, he injured his right knee in the fitness training unit, which was the main reason he was discharged. b. However, there are incidents of him being immature and not dedicated as well, such as not following directions in basic training, not locking his footlocker, and having medication that should have been in the command office. This immaturity and lack of dedication led to him being discharged with an uncharacterized classification. He recently learned he could petition to have this changed. c. Since his discharge 19 years ago, he has learned some life lessons, including how to be a better man. The Army is one of the reasons he has become the person he is today. He has served as an emergency medical services (EMS) provider (paramedic), as a volunteer and paid firefighter, and as a teacher. He has learned to follow rules, excelled in his career in private and government sectors, and earned a college degree. He is married and has a daughter. He is a contributing law abiding citizen of Arkansas. He would love to work for the Department of Defense (DoD) if given the opportunity. d. He is currently an EMS Program Director at a college in Arkansas. He was young and immature when he was discharged but he feels he has overcome his mistakes. His discharge prohibits him contributing his full potential. 3. In preparation for his enlistment in the Regular Army, the applicant underwent an initial entry examination on 14 December 2000. The relevant Standard Form 88 (Report of Medical Examination) shows he had a medium build, was 72 inches tall, weighed 173 pounds, and he did not complain of knee injuries or other underlying medical conditions. The examining physician found him qualified for enlistment. 4. The applicant enlisted in the Regular Army on 24 April 2001. 5. The applicant's record is void of a separation packet containing the specific facts and circumstances surrounding his discharge processing. However, Orders Number 145-0354, issued by Headquarters, U.S. Army Maneuver Support Center and Fort Leonard Wood, on 25 May 2001, ordered the applicant's discharge from the Regular Army effective 29 May 2001, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). 6. The applicant was discharged on 29 May 2001, under the provisions of Army Regulation 635-200, Chapter 11, by reason of entry level performance and conduct. The DD Form 214 he was issued shows he was credited with completing one month and six days of active military service and he was not awarded a military occupational specialty. 7. 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 his separation. As a result, his service was appropriately described as "uncharacterized" for this period of active service, in accordance with governing regulations. 8. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It simply means the Soldier was not in the Army long enough for his or her character of service to be rated as honorable or otherwise. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board found that, as an entry level Soldier at the time of his discharge, the governing regulation required that the applicant's service be uncharacterized. The Board found no evidence that would support making an exception to that requirement in this case. Based on a preponderance of evidence, the Board determined the applicant's uncharacterized service is not in error or unjust. 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 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. The version in effect at the time provided that: a. Chapter 3 describes the different types of characterization of service. It states an uncharacterized separation is an entry-level separation. A separation is described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when the characterization of under other than honorable condition is authorized or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. For Regular Army Soldiers, entry- level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service. b. Chapter 11 sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status. It states when separation of a member in 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, the member normally will be separated per this chapter. This separation policy applies to enlisted members of the Regular Army, who have completed no more than 180 days active duty on current enlistment by the date of separation, have demonstrated that they are not qualified for retention for one or more of the following reasons: Cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or failed to respond to counseling. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010636 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1