IN THE CASE OF: 

		BOARD DATE: 15 December 2022

		DOCKET NUMBER: AR20220004926


APPLICANT REQUESTS:  Correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 20 February 2003 to show her 
character of service is honorable in lieu of uncharacterized.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, 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 she would like her discharge upgraded to reflect she was 
honorably discharged for the purposes of employment verification, etc.

3.  A review of the applicant’s service record shows on 26 August 2002, she enlisted in 
the United States Army Reserve (USAR) for 8 years. She was discharged from the 
USAR, and on 29 January 2003 she enlisted in the Regular Army for 4 years. On the 
same date, she was ordered to report to the 43rd Adjutant General Battalion 
(Reception), Fort Leonard Wood, MO, for training.

4.  The complete facts and circumstances surrounding her discharge are not available 
for review with this case.

5.  However, her DD Form 214 shows she was discharged on 20 February 2003 under 
the provisions of AR 635-200, paragraph 5-17. She completed 22 days of creditable 
active service and it further shows in:

*	Character of Service – Uncharacterized
*	Narrative Reason for Separation – Physical Condition, Not a Disability
6.  AR 635-200, paragraph 5-17, states commanders who are special court-martial 
convening authorities may approve separation under this paragraph based on other 
physical or mental conditions not amounting to disability that potentially interfere with 
assignment to or performance of duty. A recommendation for separation must be 
supported by documentation confirming the existence of the physical or mental 
condition. Members may be separated for physical or mental conditions not amounting 
to disability, which is sufficiently severe that the Soldier's ability to effectively perform 
military duties is significantly impaired.

7.  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.


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found relief is not warranted.

2.  The Board found the evidence confirms the applicant was in an entry-level status 
when she was discharged, and the governing regulation required that her service be 
uncharacterized.  Based on a preponderance of the evidence, the Board determined the 
applicant’s uncharacterized service is not in error or unjust.


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, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-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. Chapter 3 provides that a separation will be described as entry level with 
uncharacterized service if the Soldier has less than 180 days of continuous active-duty 
service at the time separation action is initiated.

	b. Paragraph 3-7a provides that 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.

	c. Paragraph 3-9, in effect at the time of the applicant's separation, provided that a 
separation would be described as entry level with uncharacterized service if processing 
was initiated while a Soldier was in an entry-level status, except when:

		(1)  A discharge under other than honorable conditions was authorized, due to 
the reason for separation and was warranted by the circumstances of the case; or
		(2)  The Secretary of the Army, on a case-by-case basis, determined a 
characterization of service as honorable was clearly warranted by the presence of 
unusual circumstances involving personal conduct and performance of duty. This 
characterization was authorized when the Soldier was separated by reason of selected 
changes in service obligation, for convenience of the government, and under Secretarial 
plenary authority.

	d. Paragraph 5-17, states commanders who are special court-martial convening 
authorities may approve separation under this paragraph based on other physical or 
mental conditions not amounting to disability that potentially interfere with assignment to 
or performance of duty. A recommendation for separation must be supported by 
documentation confirming the existence of the physical or mental condition. Members 
may be separated for physical or mental conditions not amounting to disability, which is 
sufficiently severe that the Soldier's ability to effectively perform military duties is 
significantly impaired.
	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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220004926


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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