ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:  BOARD DATE: 22 February 2022 DOCKET NUMBER: AR20210013259 
APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service was characterized as honorable. 
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 22 March 2021 
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, that relatives were in charge of his financial funds while he was serving in the Army, and he was not aware that they were bleeding his account for their personal use.  As a result, he was writing bad checks due to insufficient available funds and was given nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ).  Until recently, he was unaware of the fact that he could request an upgrade of his discharge. 

3. 
The applicant enlisted in the Regular Army on 28 August 2001. 

4. 
The applicant’s record is void of the specific documentation related to the reason for his separation.  However, his record contains: 


a. Orders 018-2219, issued by Headquarters, United States Infantry Center, Fort Benning, Georgia on 18 January 2002, which show he was to be separated under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), effective 24 January 2002; and 
ABCMR Record of Proceedings (cont) AR20210013259 
b. 
DD Form 214, which shows he was discharged on 24 January 2002, under the provisions of under the provisions of Army Regulation 635-200, Chapter 11, by reason of Entry Level Performance and Conduct. His service was uncharacterized. He was credited with completing four months and 27 days net active service this period; a total of 150 days. 

c. 
His DD Form 214 further shows he did not complete MOS training and he did not complete his first full term of service. 


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 his separation. 
BOARD DISCUSSION: 
After reviewing the application, all supporting documents, and the evidence found within the military record, 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 consideration of discharge upgrade requests. The Board considered the applicant's statement, the applicant's record of service, the absence of a separation packet, the lack of evidence reflecting completion of training and the reason for separation. The Board found that the applicant remained in an initial entry status at the time of separation. After reviewing the application and all supporting documents, and based on a preponderance of evidence, the Board determined that the applicant’s discharge was not in error or unjust and found that relief was not warranted. 
ABCMR Record of Proceedings (cont) AR20210013259 
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) AR20210013259 
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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 

3. 
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  The regulation in effect at the time provided that: 


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 provided policy and guidance 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 applied only to individuals that were in an entry-level status, undergoing Initial Entrance Training, and, before the date of the initiation of separation action, had completed no more than 180 days of creditable continuous active duty. Before initiating separation action, commanders would ensure that the Soldier received adequate counseling and rehabilitation. An uncharacterized separation was mandatory under this chapter. 
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