IN THE CASE OF: BOARD DATE: 2 February 2023 DOCKET NUMBER: AR20220007379 APPLICANT REQUESTS: Her uncharacterized discharge be changed to honorable. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored Statement 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 that she was very young when she joined the Army. She constantly had health issues with her feet, they had to re-break her foot and she had to wear a cast. The combat boots did not break-in properly and crunched down on her feet causing constant excruciating pain. No one would take her seriously, so she pretended to be crazy and threatened suicide just so she could get out and stop the pain. In September 2020, her feet and legs gave away and she couldn’t walk. She was diagnosed with having a bad heart, which has been there for years. She is unable to do a lot and cannot get any disability or assistance. All of her records were destroyed in a house fire. 3. The applicant enlisted in the Regular Army on 14 November 1985, for 4 years. 4. On 15 March 1986, the applicant accepted non-judicial punishment under Article 15 of the Uniform Code of Military Justice, for failing to obey a lawful order, on or about 3 March 1986. Her punishment included reduction to the grade of E-2, forfeiture of $167, extra duty for 14 days and restriction. 5. A report of psychiatric/psychological evaluation, dated 10 March 1986, shows the applicant was evaluated by a psychologist who diagnosed her with a personality disorder, deficiency in attitude and motivation, and an adjustment disorder with disturbance of conduct. The examining official noted the applicant had been there for four months and was unable to finish basic training. It was recommended that she be separated from the service. 6. A report of psychiatric/psychological evaluation, dated 21 March 1986, shows the applicant was again evaluated by a psychologist, who diagnosed her with a borderline personality disorder. She was psychiatrically cleared for any action deemed appropriate by command. She was again recommended for expeditious separation from service. 7. A DA Form 2496 (Disposition Form), dated 24 March 1986, shows the applicant declined a medical examination for release from active duty. 8. The applicant's immediate commander notified the applicant on 2 April 1986 of his intent to initiate separation actions against her under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-13, for personality disorder. As the specific reason, her commander cited her medical diagnosis of a borderline personality disorder that interfered with her ability to adapt to the military life. 9. The applicant consulted with counsel on 4 April 1986 and was advised of the basis for the contemplated actions to separate her and of the rights available to her. She elected not to submit a statement in her own behalf. 10. On 7 April 1986, the applicant's commander formally recommended her elimination from the service under the provisions of Army Regulation 635-200, paragraph 5-13, because of personality disorder. 11. A DA Form 2496, subject: Proposed Type of Discharge, dated 8 April 1986, shows the applicant’s intermediate commander recommended that she be given an honorable discharge. 12. A DA Form 3822-R (Report of Mental Status Evaluation), dated 11 April 1986, shows the applicant was evaluated by a psychologist, who diagnosed her with borderline personality disorder. 13. On 14 April 1986, the applicant's intermediate commander recommended her elimination from the service under the provisions of Army Regulation 635-200, Chapter 5-13. A waiver of recycle was approved. The separation authority approved the recommended discharge on 21 April 1986 and directed the issuance of an entry-level separation with uncharacterized service. 14. The applicant was discharged accordingly on 25 April 1986. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) contains the following entries in: * Item 24 (Character of Service) – Uncharacterized * Item 25 (Separation Authority) – Army Regulation 635-200, Paragraph 5-13 * Item 26 (Separation Code) – JFX * Item 27 (Reentry Code) – RE-4 * Item 28 (Narrative Reason for Separation) – Personality Disorder 15. On 4 August 1986, the applicant petitioned the Army Discharge Review Board, requesting to have her uncharacterized discharge upgraded so that she could return to the Army. The Board determined her characterization of service was both proper and equitable. However, the Board determined that the reason and authority for her discharge should be changed to Chapter 11, Entry-Level Status. 16. The applicant was issued a DD Form 215 (Correction to DD Form 214) on 13 December 1988, that shows the following entries were corrected: * Item 25 (Separation Authority) – Chapter 11 * Item 26 (Separation Code) – JGA * Item 27 (Reentry Code) – RE-3 * Item 28 (Narrative Reason for Separation) – Entry-Level Status 17. Published guidance to the Boards for Correction of Military/Navy Records 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. a. 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 processing. b. Army Regulation 635-200 states separation under Chapter 11 applied to Soldiers who were in an entry-level status (i.e., had completed 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 uncharacterized description of service was required for separation under this chapter. c. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier had not been in the Army long enough for their character of service to be rated as honorable or otherwise. BOARD DISCUSSION: After review of the application and all evidence, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined there is insufficient evidence to grant relief. The governing regulation provides that a separation will be described as uncharacterized, if the separation action is initiated within the first 180 days of active duty service. As such, his DD Form 214 properly shows his service as uncharacterized. 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. 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 635-200 sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. 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 provides 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. Chapter 11 provides for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status. When separation of a Soldier in an entry-level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, he or she will normally be separated per this chapter. Service will be uncharacterized for entry-level separation under the provisions of this chapter. 3. 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/Navy Records (BCM/NR) 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) AR20220007379 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1