IN THE CASE OF: BOARD DATE: 3 May 2023 DOCKET NUMBER: AR20220010233 APPLICANT REQUESTS: His uncharacterized discharge be upgraded to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge) in lieu of DD Form 149 * Personal statement * Military Occupational Specialty (MOS) Diploma * Certificate of Achievement * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Spartan School of Aeronautics awards, certificates, and Associates of Applied Science Diploma * Ford Certificate of Achievement * Mack University training certificates (3) * Cummings training certificates (16) * Letter of Reference 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: a. His mother passed when he was 12 and his father's new wife did not want him around, so at 14 he started living on his own. he was not a troubled kid. When he was not at school, he worked to support himself. He graduated high school in 1987. After high school, he joined the Army. He told the recruiter he wanted something that would give him training in computers and would be relevant to life outside of the military. What his MOS ended up as was a 13F (Fire Support Specialist). b. He completed training at Fort Sill, OK, and was transferred to Fort Benning, GA, for Airborne school. He found out that jumping out of planes scared him to death. He also learned that instead of his permanent duty station being Fort Bragg where he had older friends, he was now headed to Fort Ord, CA. He was very upset and went to talk to the Charlie company commander, hoping to get sent back to school for what he originally wanted, computer training. He was dismissed without any changes and being a stupid kid, told his commanding officer that he wanted out. c. He was sent to speak with a Chaplain who was also a mental health counselor. After talking with her for a couple weeks, he learned that he could get into a different MOS after a couple years and all was not near as bad as he thought. He went back to see the commander. They had a long talk and he tried to explain himself. The commander told him he would look into getting his discharge request reversed. Unfortunately, not even a week later he was discharged. His separation code is for "Entry Level Status Performance and Conduct''. He was confused by this as he had never been in any trouble. d. When he got home, he learned that the money he paid into the GI Bill was lost. He had to re-pay his sign on bonus and was put in the Inactive Ready Reserve for four years. He tried to rejoin in 1992 but due to an accident in 1990 that left him with permanent screws in his ankle, he was no longer fit to serve. He enrolled in the Aeronautical University to obtain his airframe and powerplant license to work on aircraft. He graduated with President's Honors in 1992 with not only an associate degree but with a helicopter specialty. e. He has never been in any trouble in his life, he is a member of the Masons, attends church regularly, and has no regrets except for the catastrophic mistake he made as a 19 year old kid. He is not seeking any benefits, nor does he feel he was wronged in any way. At 53 years old, he is just asking for forgiveness of a 34 year old mistake. He hopes for an honorable discharge based on his life accomplishments. 3. The applicant enlisted in the Regular Army on 9 March 1988 for 4 years. He completed training with award of MOS 13F. 4. A DA Form 3822-R (Report of Mental Status Evaluation), dated 1 August 1988, shows the applicant was seen at Community Mental Health Service at Command request due to his inability to adjust to the Army. The applicant stated he can't handle the pressures of the military. He related some vague suicidal ideations, but has no plan and there is no apparent intent. There was no apparent thought disorder. It was unlikely that efforts to rehabilitate him would be successful. It was recommended that he be administratively discharged. He had the mental capacity to understand and participate in board proceedings. There were no disqualifying mental defects sufficient to warrant disposition through medical channels. 5. On 9 August 1988, the applicant was formally counseled notifying him that based on his mental status evaluation a proposed initiation of separation action was being considered. He was further informed of the consequences of receiving an uncharacterized characterization of service. 6. The applicant's immediate commander notified the applicant on 15 August 1988, of his intent to initiate action to separate him under the provisions of Army Regulation 635- 200 (Personnel Separations – Enlisted Personnel), Chapter 11 (Trainee Discharge Program). 7. The applicant acknowledged the proposed separation notification on the same date. He was advised of the reasons for separation and of the rights available to him. He elected not to submit a statement in his own behalf. 8. On 22 August 1988, the applicant's immediate commander formally recommended his separation from service under the provisions of Army Regulation 635-200, Chapter 11, for entry level performance and conduct. The specific reasons cited were the applicant's lack of motivation, lack of self-discipline, and inability to adjust to the military environment. 9. On 26 August 1988, the separation authority waived rehabilitation requirements and approved the recommended entry level status discharge. He further directed the applicant's transfer to the Individual Ready Reserve. 10. The applicant was discharged on 31 August 1988. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a, for entry level status performance and conduct, and his service was uncharacterized. He completed 5 months and 23 days of net active service. His awards are shown as the Army Service Ribbon and Marksman Qualification Badge with Rifle and Grenade bars. 11. 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. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It simply means the Soldier was not in the Army long enough for his or her character of service to be rated as honorable or otherwise. 12. The applicant provides: a. Copies of his post service training from the Spartan School of Aeronautics with associated honors, Mack Truck Inc. training certificates, and 16 Cummings training certificates. b. A letter of reference that described him as exemplifying a positive can-do attitude that is infectious, true team player and leader, an absolute joy to work with. He is a poster child of his community, volunteering his time and efforts in the community, and committing time through Cummins community involvement programs. 13. In reaching its determination, the Board can consider the applicant’s petition, arguments and assertions, and 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 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 his initial training and was awarded military occupational specialty (MOS) 13F (Fire Support Specialist). Upon completion the applicant was sent to airborne training enroute to his permanent duty station Ft. Ord, CA. The Board found the applicant met the requirements for a honorable discharge. Furthermore, the Board found, the applicant was discharged under Chapter 11- Trainee Program and served 5 months and 23 days of his net active service. 2. The Board agreed the applicant while in airborne school requested separation but later found that he could change his MOS, however, the separation process could not be reversed. The Board found an injustice occurred, although the applicant was in his initial entry phase of 180 days, he completed his training and MOS schooling. Based on the regulation the applicant’s DD Form 214 should be corrected to show his characterization of service as honorable with his narrative reason as Secretarial Authority. Therefore, relief was granted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommend that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 for the period ending 31 August 1988, by showing in * Item 24 (Characterization of Service): Honorable * Item 28 (Narrative Reason for Separation): Secretarial Authority 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. 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 of that regulation 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. d. The Trainee Discharge Program, as then in effect, provided that commanders may expeditiously separate members who lack the necessary motivation, discipline, ability, or aptitude to become a productive soldier when these individuals: (1) Were voluntarily enlisted in the Regular Army, Army National Guard, or U.S. Army Reserve. (2) Are in basic training or in MOS training, a service school or on the job training prior to the award of the MOS for which being trained and will have completed no more than 179 days of active duty or initial active duty for training, on current enlistment by the date of separation. (3) Have failed to respond to counseling. (4) Have demonstrated that they are not qualified for retention for one or more of the following reasons: they cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or do not meet enlisted standards by reason of disqualifying drug use. e. A separation would be described as an entry-level separation with service uncharacterized if processing is initiated while a Soldier is in an entry-level status. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont.) AR20220010233 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1