IN THE CASE OF: BOARD DATE: 14 October 2022 DOCKET NUMBER: AR20220001743 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * character of service as honorable in lieu of uncharacterized * net active service of 3 months in lieu of 27 days * the National Defense Service Medal (NDSM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: ARBA Online Application FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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, at the time of his discharge, he was given a copy of his DD Form 214 at Fort Benning. On the original DD Form 214, he had served 3 months. His discharge was characterized as General under honorable conditions. He also had the NDSM listed. He swears, in a court of law, that this is fact. He recently obtained a copy of his DD Form 214, and it is completely different from the original he received at Fort Benning when he was discharged. This record was given to him at the administration building. The changed document shows an entry-level separation (like he had never served) and his medal was missing. He is a veteran. Someone changed the original records and the current one does not match the original. He would like it to be corrected and show what was on the original. He no longer has the original because in 1999 he was planning to re-enlist and lost the original at the Army recruitment office. He never got it back from the recruiter and moved out of state. 3. The applicant enlisted in the United States Army Reserve on 9 March 1995 for a period of 8 years in the delayed entry program (DEP). He was discharged from the DEP enlisting in the Regular Army for a period of 3 years on 4 May 1995. He was ordered to report to Fort Benning, GA effective 5 May 1995. 4. A DA Form 4856 (General Counseling Form), dated 18 May 1995, shows the applicant received initial counseling briefing him on company policies and procedures, and violations of directives or company policies are punishable by the uniform code of military justice (UCMJ). He acknowledged this counseling with his signature. 5. A DA Form 4856, dated 20 May 1995, shows the applicant was counseled for failing to receive a passing score on his diagnostic physical fitness test. He was advised of the minimum requirements to obtain a passing score. He acknowledged this counseling with his signature. He acknowledged this counseling with his signature. 6. A second counseling occurred on 20 May 1995 for lack of motivation and discipline and stating he wanted to quit. He was counseled on his bad attitude, stating he did not want to be in the Army, and disrespectful actions. He was advised if the conduct continued, action to separate him under chapter 11, Army Regulation (AR) 635-200 may be initiated. He was advised if separated under chapter 11 it will be an entry level separation (uncharacterized) and may be ineligible for benefits from the Department of Veterans Affairs (VA). He acknowledged this counseling with his signature. 6. A DA Form 4856, dated 22 May 1995, shows the applicant was counseled for disobeying a lawful order from a senior noncommissioned officer (SNCO). He was ordered to attend training and he refused to train twice. He was advised if the conduct continued, action to separate him under chapter 11, AR 635-200 may be initiated. He was advised if separated under chapter 11 it will be an entry level separation (uncharacterized) and may be ineligible for benefits from the Department of Veterans Affairs (VA). He acknowledged this counseling with his signature. 7. A DA Form 4856, dated 22 May 1995, shows the applicant was counseled for refusing to train. He was counseled for refusing to go to training and that he was sick of the Army and did not want to train. He was advised if the conduct continued, action to separate him under chapter 11, AR 635-200 may be initiated. He was advised if separated under chapter 11 it will be an entry level separation (uncharacterized) and may be ineligible for benefits from the Department of Veterans Affairs (VA). He acknowledged this counseling with his signature. 8. On 22 May 1995, the applicant was recommended for immediate discharge for lack of motivation and disruptive behavior. 9. The applicant was notified of the proposed action to separate him from active duty under the provision of paragraph 11-2, AR 635-200 for unsatisfactory conduct becoming of an individual in the United States Army and display of a negative attitude and unwillingness to train. He was advised if approved, he will receive an uncharacterized entry level separation. He was advised that due to noncompletion of his enlistment/active duty time, VA and other benefits will be affected. He was advised of his rights to consult with legal counsel, submit statements on his own behalf, request a separation medical physical, obtain copies of the documents supporting this action, and waive his rights in writing. He acknowledged receipt of this notification with his signature. 10. The applicant submitted his signed acknowledgment and elections on 22 May 1995. He elected not to submit a statement on his behalf, to have a separation medical examination, or consult with legal counsel. He requested copies of the documents supporting the action and acknowledged he had received his copy. 11. A DA Form 3822-R (Report of Mental Status Evaluation) shows the applicant underwent a mental status evaluation. The report shows he displayed normal behavior and was fully alert and oriented. His mood was unremarkable. His thinking processes clean and thought content normal with good memory. It shows a diagnosis of antisocial personality traits representing an adjustment disorder; however, he was found to met retention standards. It was determined there was no psychiatric disease or defect which warrants disposition through medical channels. He was found mentally responsible, able to distinguish right from wrong and to adhere to the right and has the mental capacity to understand and participate in board proceedings. 12. The applicant’s DA Form 2-1 (Personnel Qualification Record), dated 9 May 1995, shows the NDSM in item 9 (Awards, Decorations and Campaigns), however the entry is lined through. 13. The applicant was discharged on 31 May 1995 under the provisions of AR 635-200, chapter 11 for entry level performance and conduct. His character of service is uncharacterized. he was credited 27 days net active service this period. Item 18 (Remarks) documents his time in the DEP from 9 March 1995 to 4 May 1995. 14. On 8 July 2022, the ABCMR requested the applicant provide a copy of his DD Form 214. No response was received. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The evidence of record shows the applicant served on active duty from 4 to 31 May 1995, completing 27 days of active service. There is no evidence he completed any other period of active service. Additionally, Delayed Entry Program service is not active service. b. 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. The applicant did not complete initial entry training and was separated while in entry level status. 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. c. The National Defense Service Medal is awarded for honorable active service for selected periods. The applicant did not receive an honorable characterization of service. 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 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. AR 635-200 (Personnel Separations – Enlisted Personnel), sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3, Paragraph 3-9 states a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status. Entry-level status for Regular Army soldiers is defined as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. b. Chapter 11 establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct (or both) while in an entry-level status. It states, in pertinent part, that separation under this chapter applies to soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life. Entry-level status is defined as the first 180 days of continuous active duty. It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized. 3. AR 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty. Chapter 2, section II provides the instructions for preparing the DD Form 214. Paragraph 2-8 states for item 12c, enter all service less time lost. 4. AR 600-8-22 (Military Awards), in effect at the time, provides Department of the Army policy, criteria and administrative instructions concerning individual military decorations, Good Conduct Medal, service medals, and service ribbons, combat and special skill badges and tabs and unit decorations. Paragraph 2-10 states the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961 and 14 August 1974, both dates inclusive, and 2 August 1990 to a date to be determined. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001743 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1