ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:    BOARD DATE: 22 February 2022 DOCKET NUMBER: AR20210011213 
APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service was characterized as under honorable conditions (general). 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552), dated 12 May 2021 
. DD Form 214, for the period ending 3 February 1998 
. judgment of divorce, dated 14 February 2020 
. Department of Veterans Affairs (VA) Statement of Service Letter, dated 
9 May 2021 
. photocopy of social security card and driver’s license 
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 her service characterization was upgraded, as shown on her VA verification letter; however, she never received a new DD Form 214. 

3. 
The applicant enlisted in the Regular Army on 22 August 1997. 

4. 
The applicant's record is void of a separation packet containing the specific facts and circumstances surrounding her discharge processing.  However, the DD Form 214 she was issued shows she was discharged on 3 February 1998, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 11, by reason of entry level performance and conduct. She was credited with completing five months and 12 days of net active service and was not awarded a military occupational specialty.  Her service was uncharacterized. 

ABCMR Record of Proceedings (cont) AR20210011213 

5. 
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 processing.  As a result, her service was appropriately described as "uncharacterized" in accordance with governing regulations. 

6. 
The applicant provides a statement of service letter from the VA that shows her service was characterized as under honorable conditions. 


BOARD DISCUSSION: 
After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents, evidence in the records, and published DoD guidance for liberal consideration of discharge upgrade requests. The Board considered the applicant's statement, the applicant's record and length of service, the absence of an MOS, the absence of a separation packet and the reason for separation. The Board did not find mitigating circumstances while she was in service and the applicant provided insufficient evidence of post-service achievements in support of a clemency determination. After reviewing the application and all supporting documents, the Board found that the applicant was in an initial entry status upon separation and the character of service she recieved was not in error or unjust. Accordingly, relief was not warranted based upon guidance for consideration of discharge upgrade requests. 
ABCMR Record of Proceedings (cont) AR20210011213 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. 
X 
CHAIRPERSON 
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. 
ABCMR Record of Proceedings (cont) AR20210011213 
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 policies, standards, and procedures for the orderly administrative separation of Soldiers for a variety of reasons. 


a. 
 Chapter 3 provides that a separation will be described as entry level with uncharacterized 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 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. 
 Paragraph 3-9 provides that a separation 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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