IN THE CASE OF: BOARD DATE: 3 August 2022 DOCKET NUMBER: AR20220002010 APPLICANT’S REQUESTS: * Reconsideration to upgrade her uncharacterized discharge to honorable or general, under honorable conditions, and * New requests to change: * Block 12a (Date Entered Active-Duty this Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 17 September 1999 instead of 30 September 1999, and * Block 12c (Net Active Service this Period) to show 6 months instead of 5 months and 16 days APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4-1 (Enlistment / Reenlistment Document) * Statement of Understanding-Army Policy, United States Army Recruiting Command Addendum to DD Form 1966 (Record of Military Processing - Armed Forces of the U.S.), dated 17 September 1999 * DD Form 2366 (Montgomery G.I. Bill), dated 17 September 1999 * Congratulations Reservation * DD Form 1966, dated 17 September 1999 * DD Form 214 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 AR2019000 on 22 October 2019. 2. The applicant states her net active service period of 5 months and 16 days on her DD Form 214 is an error. She actually sworn in on 17 September 1999 and should have 180 days net active service the requirement to receive an honorable or general discharge. She has tried for many years to obtain medical disability. 3. On 17 September 1999, the applicant enlisted in the U.S. Army Reserve for 8 years in the rank of specialist (SPC/E-4). On 30 September 1999, she enlisted in the Regular Army for 4 years. The applicant's record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army. Her record shows: a. Section VII (Current and Previous Assignments) of a DA Form 2-1 (Personnel Qualification Record - Part II) shows she was assigned to E Battery, 1st Battalion, 19th Field Artillery, Fort Sill, OK for basic training. b. Orders, dated 13 March 2000, shows she was assigned to the U.S. Army Transition Center, Fort Sill, OK for transition processing effective 15 March 2000. c. On 15 March 2000, she was discharged accordingly. Her DD Form 214 shows she was separated under the provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-11, for failure to meet procurement medical fitness standards with an uncharacterized characterization of service. She completed 5 months and 16 days of her 4-year contractual obligation. Her DD Form 214 shows in: * Block 12a (Date Entered Active-Duty this Period) 30 September 1999 * Block 12b (Separation Date This Period) 13 March 2000 * Block 12c (Net Active Service this Period) - 5 months and 16 days * Block 24 (Character of Service) - Uncharacterized * Block 25 (Separation Authority) - AR 635-200, paragraph 5-11 * Block 26 (Separation Code) - JFW (Erroneous enlistment; Medical condition disqualifying for military service, with no medical waiver approved) * Block 27 (Reenlistment Code) - 3 * Block 28 (Narrative Reason for Separation) - Failed to Meet Procurement Medical Fitness Standards d. On 22 March 2019, the applicant applied to the ABCMR for an upgrade of her uncharacterized discharge to honorable. On 22 October 2019, after careful review of her application, military records and all other available evidence, the ABCMR determined that the evidence presented did not demonstrate the existence of a probable error or injustice. As a result, the Board determined the overall merits of her case was insufficient as a basis for correction and denied her request to upgrade her discharge. e. On 6 May 2022, an advisory opinion from the Chief, Army Service Center, Human Resources Command, states block 28 (Character of Service) of the applicant’s DD Form 214, dated 15 March 2000 is correct. f. On 10 May 2022, the advisory opinion was forwarded to the applicant for acknowledgement and/or response, and she did not respond. 5. The applicant in support of her application provides: * Congratulations Reservation shows her sworn in date as 17 September 1999 with a report date of 30 September 1999 for training * DD Form 1966 shows her delayed entry program date as 17 September 1999 with enlistment, active-duty service and pay entry dates of 30 September 1999 6. Clemency guidance to the Boards for Correction of Military/Navy Records (BCM/NR) does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority to ensure each case will be assessed on its own merits. In determining whether to grant relief 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. This includes consideration of changes in policy, whereby a service member under the same circumstances today would reasonably be expected to receive a more favorable outcome. a. The applicant contends her net active service period is incorrect and should reflect 180 days (6 months) which would meet the requirement to receive an honorable to general discharge. Her record shows she entered the delayed entry program as a Reservist on 17 September 1999. She enlisted in the Regular Army on 30 September 1999 and was on active duty until she received an uncharacterized character of service because she was separated while in an entry level status (within 180 days of date entered on active duty). b. The Delayed Enlistment Program (sometimes called the Delayed Entry Program) is an actual enlistment into the inactive Reserves, with an agreement to report for active duty (to ship out to boot camp) at a specific time in the future. c. AR 635-8 (Separations Processing and Documents), states for block 12a (Date Entered Active-Duty this Period), enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. Data sources are enlistment contract(s), initial order to active duty, active-duty order, previously issued DD Forms 214, DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes), and a complete review of the Soldier’s official record. d. Soldiers separated in an entry-level status receive an uncharacterized character of service. A separation is an entry level status separation if its processing is initiated during the Soldier's first 180 days of continuous active duty. e. Paragraph 5-11 provided that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entrance on active duty, active duty for training, or initial entry training would be separated. Medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into military service had it been detected at that time, and the medical condition did not disqualify the Soldier from retention in the service under the provisions of AR 40-501(Standards of Medical Fitness). f. The character of service for Soldiers separated under this provision would normally be honorable but would be uncharacterized if the Soldier was in an entry-level status. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated. 7. Published guidance to the BCM/NRs clearly indicates that the guidance is not intended to interfere or impede on the Board's statutory independence. The Board will determine the relative weight of the action that led to the discharge and whether it supports relief or not. In reaching its determination, the Board shall consider the applicant's petition, available records and/or submitted documents in support of the petition. BOARD DISCUSSION: 1. 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 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. 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 determined applicant served 5 months and 16 days of service and did not complete advanced individual training and was released from active duty for failure to meet procurement medical fitness standards. As such, her DD Form 214 properly shows the appropriate characterization of service as uncharacterized, there is no basis for granting the applicant's request. 2. 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. 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 Board found 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 to amend the decision of the ABCMR set forth in Docket Number AR2019000 on 22 October 2019. 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. Title10, United State Code, section 1556 provides the Secretary of the Army shall ensure that an applicant seeking corrective action by the ARBA is provided a copy of all correspondence and communications, including summaries of verbal communications, with any agencies or persons external to agency or board, or a member of the staff of the agency or Board, that directly pertains to or has material effect on the applicant's case, except as authorized by statute. 2. AR 40-501 (Standards of Medical Fitness), in pertinent part, prescribe the medical conditions and physical defects which are causes for rejection for appointment, enlistment, and induction into military service. 3. AR 635-8 (Separations Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system. It states for: a. Block 12a (Date Entered Active-Duty this Period), enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. Do not depend on the basic active service date for this data item. The basic active service date can be an adjusted date. Data sources are enlistment contract(s), initial order to active duty, active-duty order, previously issued DD Forms 214, DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes), and a complete review of the Soldier’s official record. b. Block 12c (Net Active Service This Period), enter the amount of service this period, computed by subtracting block 12a from 12b (Separation Date This Period). 4. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, governed the evaluation for physical fitness of Soldiers who might be unfit to perform their military duties due to a disability. It states the mere presence of an impairment did not, of itself, justify a finding of unfitness due to physical disability. In each case, it was necessary to compare the nature and degree of the physical disability with the duty requirements of the Soldier, based on his or her office, grade, rank, or rating; and a Soldier was presumed to be in sound physical and mental condition upon entering active duty. 5. AR 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, prescribed policies and procedures for enlisted administrative separations. a. An honorable discharge was a separation with honor. The honorable characterization was appropriate when the quality of the Soldier's service generally met the standards of acceptable conduct and duty performance. b. A general discharge was a separation from the Army under honorable conditions. When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Uncharacterized Separations. Soldiers separated in an entry-level status receive an uncharacterized character of service. A separation is an entry level status separation if its processing is initiated during the Soldier's first 180 days of continuous active duty. The Secretary of the Army could, on a case-by-case basis, issue an honorable character of service to entry-level Soldiers when clearly warranted by unusual circumstances involving personal conduct or duty performance. d. Paragraph 5-11 provided that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entrance on active duty, active duty for training, or initial entry training would be separated. Medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into military service had it been detected at that time, and the medical condition did not disqualify the Soldier from retention in the service under the provisions of AR 40-501(Standards of Medical Fitness). e. The character of service for Soldiers separated under this provision would normally be honorable but would be uncharacterized if the Soldier was in an entry-level status. An uncharacterized discharge is neither favorable nor unfavorable; in the case of Soldiers issued this characterization of service, an insufficient amount of time would have passed to evaluate the Soldier's conduct and performance. 6. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military DRBs and 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 on the basis of 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) AR20220002010 1 ABCMR Record of Proceedings (cont) AR20220002010 1