IN THE CASE OF: 

		BOARD DATE:  7 September 2022

		DOCKET NUMBER: AR20220002382


APPLICANT REQUESTS:  Upgrade of his characterization of service from 
uncharacterized to either honorable or under honorable conditions (general).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 293 (Application for the Review of Discharge)
*	Department of Veterans Affairs (VA) Form 21-22 (Appointment of Veterans 
Service Organization as Claimant's Representative)

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 he desires an upgrade of his characterization of service for the 
purpose of receiving benefits from the VA.

3.  The applicant enlisted in the Regular Army on 2 June 2004. 

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

     a.  Orders 272-2204, issued by Headquarters, U.S. Infantry Center, Fort Benning, 
Georgia on 28 September 2004, which shows he was to be separated from the Regular 
Army under the provisions of Army Regulation 635-200 (Personnel Separations – 
Enlisted Personnel), effective 28 September 2004; and

     b.  DD Form 214 (Certificate of Release or Discharge from Active Duty), which 
shows he was discharged on 28 September 2004, under the provisions of Army 
Regulation 635-200, Chapter 11, by reason of entry level performance and conduct. His 
service was uncharacterized, and he was credited with completing 3 months and 
11 days of net active service this period.
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.

6.  The applicant requests an upgrade so that he may receive benefits. The ABCMR is 
not authorized to grant requests for upgrade of discharges solely for the purpose of 
making the applicant eligible for veterans' benefits; however, in reaching its 
determination, the Board can consider the applicant’s petition and his service record in 
accordance with the published equity, injustice, or clemency guidance.


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 the applicant completed 3 months 
and 11 days of net active service and did not complete training and was discharged 
from active duty due to entry level performance and conduct.  As such, his 
DD Form 214 properly shows the appropriate characterization of service as 
uncharacterized.

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.  As a result, 
there is no basis for granting the applicant's request. 





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 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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