ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  30 November 2022

	DOCKET NUMBER:  AR20220001673


APPLICANT REQUESTS:  

*	correction to his record to show he received an honorable discharge vice an 
uncharacterized discharge
*	a personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Medical documents

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.	During his time in the military, he was subjected to un-necessary mental stress. 
He was made to eat pork, when he told his leadership in advance that he did not eat 
pork. He was ridiculed by his drill instructors and endured demeaning treatment while in 
basic training. His overall experience was a nightmare, and he was not treated like a 
human being. He has suffered emotional and other health issues, not to mention the 
lost opportunity of having a military career.

b.	After his discharge from the military, he turned to alcohol to help him cope, which 
caused additional life problems, including relationship and marital problems. He has lost 
over 10 jobs due to alcohol issues, and has had a hard time managing his financial 
issues which led to three bankruptcies. His health has also been affected negatively, 
knee issues, back issues, headaches, reflux disease and other abdominal issues. Due 
to the harsh treatment he received during his time in the military, his life has never been 
the same.
3.  The applicant provides over 1,204 pages of medical documents to support his 
request. 

4.  A review of the applicant’s service record shows:

a.	On 1 December 1993, he enlisted in the Regular Army. 

b.	On 26 January 1994, he received a general counseling form for the 
recommendation for separation for an entry level separation (ELS), under Army 
Regulation 635-200, Chapter 11 for failure to adapt to military life. He was counseled by 
mental health and all attempts to rehabilitate him had failed. His disruptive attitude 
showed that he could not adapt to military life.

c.	On 7 February 1994, his command initiated separation action for sociological 
reason and was recommended for an ELS characterization of service.

d.	On 7 February 1994, he acknowledged the notification of his proposed 
separation action and if approved, would result in an ELS – Uncharacterized discharge. 
In addition, he was afforded all his rights, including his right to counsel and to submit 
statements in his own behalf, which he waived.

e.	On 9 February 1994, after a careful review of the applicant’s pending separation 
due to his failure to adapt to military life, his recommendation for separation was 
approved and he would be issued an ELS - Uncharacterized discharge.

f.	DD Form 214 (Certificate of Release or Discharge from Active Duty) shows on  
14 February 1994, he was discharged with an uncharacterized discharge, due to an 
ELS - performance and conduct. He completed 2 months and 14 days of net active 
service. 

5.  MEDICAL REVIEW:

    a.  Applicant is applying to the ABCMR requesting an upgrade of his Uncharacterized 
discharge. The Army Review Boards Agency (ARBA) Behavioral Health (BH) Advisor 
reviewed this case. Documentation reviewed included the applicant’s completed DD 
Form 149 and supporting documents, his ABCMR Record of Proceedings (ROP), and 
his separation military documentation.
    b.  Due to the period of service, no active duty electronic medical records (AHLTA) 
were available for review.
    c.  Applicant is not service connected and there are no VA electronic medical records 
(JLV) available for review.
    d.  Applicant submitted post service medical documentation that noted a post service 
history of situational anxiety, but did not list any other BH diagnoses. 
    e.  After review of all available information, there is no evidence of any mitigating BH 
conditions. There is no evidence of any in service BH conditions and the VA has not 
diagnosed applicant with any BH conditions. Applicant’s situational anxiety was 
diagnosed more than 20 years post service and there is no evidence that it existed or 
occurred during military service. Therefore, it is the opinion of the Board’s Medical 
Advisor that applicant’s Uncharacterized discharge was appropriate. 
KURTA FACTORS
Did the applicant have a condition or experience that may excuse or mitigate the 
discharge?
Yes. Situational anxiety.
Did the condition exist or experience occur during military service?
No. Applicant’s situational anxiety was diagnosed more than 20 years post service and 
there is no evidence that it existed or occurred during military service.
Does the condition or experience actually excuse or mitigate the discharge?
No. There is no evidence of any mitigating BH conditions. There is no evidence of any 
in service BH conditions and the VA has not diagnosed applicant with any BH 
conditions. Applicant’s situational anxiety was diagnosed more than 20 years post 
service and there is no evidence that it existed or occurred during military service. 
Therefore, it is the opinion of the Board’s Medical Advisor that applicant’s 
Uncharacterized discharge was appropriate.

BOARD DISCUSSION:

1.  After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief. 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 liberal and clemency determinations requests for 
upgrade of his characterization of service. 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. Upon review of 
the applicant’s petition and available military records, the Board noted there is no 
evidence of any in service BH conditions and the VA has not diagnosed applicant with 
any BH conditions. The Board concurred with the medical advisory opinion finding 
insufficient evidence of in-service mitigating factors for an upgrade.  As such, the 
DD Form 214 properly shows his service as uncharacterized. Based on a 
preponderance of evidence, the Board determined that the character of service the 
applicant received upon separation was not in error or unjust.
2.  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. 

3.  The applicant’s request for a personal appearance hearing was carefully considered.  
In this case, the evidence of record was sufficient to render a fair and equitable 
decision.  As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.


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.


?
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.  

4.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR. The ABCMR begins its consideration of each case 
with the presumption of administrative regularity. The ABCMR will decide cases on the 
evidence of record.  It is not an investigative body. The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence. Paragraph 2-11 states 
applicants do not have a right to a formal hearing before the ABCMR. The Director or 
the ABCMR may grant a formal hearing whenever justice requires.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	AR20220001673


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