IN THE CASE OF:  

BOARD DATE:  27 April 2022

DOCKET NUMBER:  AR20210011713


APPLICANT REQUESTS:  The applicant requests reconsideration of her previous request 
to change her character of service from “entry level status” to “honorable.”  As a new issue 
she also requests a change of her separation code.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Privacy Release Form from her Congressional Representative

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20190002711 on 7 June 2019.

2.  The applicant states she believes her separation code was falsified.  She was not 
pregnant.  Her service should be honorable.

3.  On 2 January 1987, the applicant enlisted in the Regular Army (RA) for 4 years.  On 
8 January 1987, she was assigned to Fort McClellan, AL, for completion of basic 
training.  Upon completion of basic training, on 5 March 1987, she was assigned to Fort 
Rucker, AL, for completion of advanced individual training (AIT), which included 
completion of the 93P course (Flight Operations).   

4.  On 30 April 1987, a recommendation was made to eliminate the applicant from the 
93P course, due to academic deficiency.  Her chain of command recommended 
approval.

5.  On 29 May 1987, the applicant was notified/advised that separation action was being 
initiated against her under the provisions of chapter 11, AR 635-200 (Entry Level Status 
Performance and Conduct).  Additionally, she was advised.

     a.  The specific reason for the proposed action was her inability to meet the minimum 
standards prescribed for successful completion of training because of aptitude.
     b.  If approved, she would receive an entry level separation with uncharacterized 
service.

     c.  She was advised of her rights.

6.  The applicant acknowledged receipt of the separation notification in accordance with 
chapter 11, AR 635-200.  She acknowledged she desired to make statements in her 
own behalf, however, there are no statements available for review with this case.  She 
also acknowledged she desired to consult with counsel and requested a separation 
physical.

7.  Her immediate commander recommended separation in accordance with chapter 11, 
AR 635-200 and transfer to the Individual Ready Reserve (IRR). 

8.  On 17 June 1987, the separation authority waived the rehabilitation requirements 
and approved the applicant's discharge under the provisions of chapter 11, AR 635-200, 
due to entry level status with uncharacterized service.  It was also directed that she be 
transferred to the IRR.  

9.  Accordingly, the applicant was discharged on 23 June 1987.  Her DD Form 214 
confirms she was discharged in pay grade E-1.  She completed 5 months and 22 days 
of creditable active military service.  Her awards are listed as the Marksman 
Marksmanship Qualification Badge Rifle and Sharpshooter Marksmanship Qualification 
Badge Grenade.  The DD Form 214 also shows in:

*	Character of Service, “Entry Level Status”
*	Separation Authority, AR 635-200, Paragraph 11-3a, 
*	Separation Code, “JGA”
*	Reenlistment Code, “RE-3”
*	Narrative Reason for Separation, “Entry Level Status Performance and Conduct”

10.  On 25 February 1988, she was issued a DD Form 215 (Correction to DD Form 214) 
changing her separation code from “JGA” to “LGA.”

11.  AR 635-200 sets forth the basic authority for the separation of enlisted personnel. 

     a.  AR 635-200 states a separation under Chapter 11 applied to Soldiers who were 
in an entry-level status (i.e., had completed no more than 180 days of continuous active 
duty before the date of the initiation of separation action) who could not meet the 
minimum standards for completion of training.  An entry level status-uncharacterized 
description of service was required for separation under this chapter. 

     b.  The applicant is advised an entry level status discharge is not meant to be a 
negative reflection of a Soldier’s military service.  It merely means the Soldier had not 
been in the Army long enough for his character of service to be rated as honorable or 
otherwise.

12.  The applicant argues that her characterization of service should be honorable and 
her separation code is false/incorrect because she was not pregnant.  Initially, the 
applicant was issued a separation code of “JGA,” however, on 25 February 1988, she 
was issued a DD Form 215 changing her separation code to “LGA.”  

13.  AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific 
authorities (regulatory or directive), reasons for separating Soldiers from active duty, 
and the SPD codes to be entered on the DD Form 214.  The SPD code of “LGA” is the 
appropriate codes to assign Soldiers separated under the provisions of AR 635-200, 
chapter 11, due to entry level performance and conduct.  This separation code nor the 
initial separation code referenced pregnancy.

14.  The SPD/RE Code Cross Reference Table stipulates the RE code of “3” was the 
right code to assign members separated with the SPD code of “LGA.” 

15.  She was discharged due to entry-level status performance and conduct in 
accordance with chapter 11, AR 635-200.  She completed 5 months and 22 days of 
creditable active military service.  The specific reason for the proposed action was her 
inability to meet the minimum standards prescribed for successful completion of training 
because of aptitude.  She did not complete advanced individual training and she was 
not awarded a military occupational specialty.

16.  In reaching its determination, the Board can consider the applicant's petition, 
contentions, and her service record in light of the published guidance on equity, 
injustice, or clemency.



BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted. The Board carefully considered the applicant's record of 
service, documents submitted in support of the petition and executed a comprehensive 
and standard review based on law, policy and regulation, and published Department of 
Defense guidance for determination requests for upgrade of her characterization of 
service. The Board determined the evidence presented does not demonstrate the 
existence of a probable error or injustice.  Upon review of the applicant’s petition and 
available military records, the Board determined the governing regulation provides that 
a separation will be described as an entry-level separation, with service 
uncharacterized, if the separation action is initiated while a Soldier is in entry-level 
status. Based on regulatory guidance the applicant’s separation program designator 
(SPD) code LGA” is the appropriate codes to assign Soldiers separated under the 
provisions of AR 635-200, chapter 11, due to entry level performance and conduct.  The 
Board found no merit in the applicant’s contention that her separation code nor the initial 
separation code referenced pregnancy.

2.  The applicant did not receive a military occupational specialty (MOS) she was 
discharged with an uncharacterized discharge with a narrative reason for separation 
listed as entry level status performance and conduct.  As such, her DD Form 214 
properly shows his service as uncharacterized.  An uncharacterized discharge is not 
derogatory; it is recorded when a Soldier has not completed more than 180 days of 
creditable continuous active duty prior to initiation of separation.  It merely means the 
Soldier has not served on active duty long enough for his or her character of service to 
be rated as honorable or otherwise.  As a result, there is no basis for granting the 
applicant's request. Therefore, relief was denied.


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.


 

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.

ADMINISTRATIVE NOTE(S):  NA

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 (AR) 635-5-1 (SPD Codes) provides the specific authorities 
(regulatory or directive), reasons for separating Soldiers from active duty, and the SPD 
codes to be entered on the DD Form 214.  The SPD code of “LGA” is the appropriate 
codes to assign Soldiers separated under the provisions of AR 635-200, chapter 11, 
due to entry level performance and conduct.  

3.  The SPD/RE Code Cross Reference Table stipulates the RE code of “3” was the 
right code to assign members separated with the SPD code of “LGA.” 

4.  AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility 
criteria, policies, and procedures for enlistment and processing into the RA and the 
United States Army Reserve.  Table 3-1 includes a list of the RA RE codes: 

     a.  RE-1 applies to Soldiers completing their term of active service who are 
considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all 
other criteria are met. 

     b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or 
continuous service at time of separation, but disqualification is waivable.  They are 
ineligible unless a waiver is granted. 

5.  AR 635-200 sets forth the basic authority for the separation of enlisted personnel. 

     a.  Chapter 11 of the regulation in effect at the time provided for the separation of 
personnel due to unsatisfactory performance or conduct, or both, while in an entry-level 
status.  This provision applied to individuals who had demonstrated they were not 
qualified for retention because they: 

*	could not adapt socially or emotionally to military life
*	lacked the aptitude, ability, motivation, or self-discipline for military service
*	demonstrated characteristics not compatible with satisfactory continued 
service
     b.  The separation policy applied to Soldiers who could not meet the minimum 
standards prescribed for successful completion of training because of a lack of aptitude, 
ability, motivation, or self-discipline.  Separation under this chapter applied to Soldiers 
who were in an entry-level status (i.e., had completed no more than 180 days of 
continuous active service before the date of the initiation of separation action).  An 
uncharacterized description of service was required for separation under this chapter. 

     c.  It states in pertinent part that an uncharacterized separation is an entry-level 
separation.  A separation will be described as an entry-level separation if processing is 
initiated while a member is in an entry-level status, except when characterization under 
other than honorable condition is authorized under the reason for separation and is 
warranted by the circumstances of the case or when The Secretary of the Army, on a 
case-by-case basis, determines that characterization of service as honorable 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. 

     d.  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. 

     e.  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. 

     f.  Uncharacterized separations are deemed entry-level status, commanders initiated 
the action while the Soldier was within the first 180 days of continuous active duty.  
Soldiers separated in an entry-level status were issued an uncharacterized character of 
service.  On a case-by-case basis, and when clearly warranted due to unusual 
circumstances involving personal conduct or duty performance, the Secretary of the 
Army could grant a Soldier an honorable character of service. 

6.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Military Discharge Review Boards and Boards for Correction of 
Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency 
determinations.  Clemency generally refers to relief specifically granted from a criminal 
sentence.  BCM/NRs may grant clemency regardless of the type of court-martial.  
However, the guidance applies to more than clemency from a sentencing in a court-
martial; it also applies to other corrections, including changes in a discharge, which may 
be warranted based on equity or relief from injustice.

     a.  This guidance does not mandate relief, but rather provides standards and 
principles to guide Boards in application of their equitable relief authority.  In 
determining whether to grant relief based on equity, injustice, or clemency grounds, 
BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn 
testimony, policy changes, relative severity of misconduct, mental and behavioral health 
conditions, official governmental acknowledgement that a relevant error or injustice was 
committed, and uniformity of punishment. 

     b.  Changes to the narrative reason for discharge and/or an upgraded character of 
service granted solely on equity, injustice, or clemency grounds normally should not 
result in separation pay, retroactive promotions, and payment of past medical expenses 
or similar benefits that might have been received if the original discharge had been for 
the revised reason or had the upgraded service characterization.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	AR20210011713


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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