IN THE CASE OF: BOARD DATE: 17 February 2023 DOCKET NUMBER: AR20220003610 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), to show: * his date of birth (DOB) as the * his service was characterized as "Honorable" rather than "Uncharacterized" * a different narrative reason for his separation APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * Certificate of Live Birth * DD Form 214 * Department of Veterans Affairs (DVA) letters (two) * National Personnel Records Center (NPRC) letter 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 his DOB is incorrect on his DD Form 214. He also states, in effect, his characterization of service should be shown as honorable rather than uncharacterized based upon documentation he received from the DVA. 3. The applicant's request to have his DOB corrected on his DD Form 214 is supported by sufficient evidence in his Army Military Human Resource Record (AMHRR). As a result, this portion of the requested relief will be addressed in the "ADMINISTRATIVE NOTES" section and will not be considered by the Board or further addressed in this record of proceedings. 4. On 8 November 2001, the applicant enlisted in the Regular Army for a period of 4 years. Upon completion of basic combat training the applicant was reassigned to a unit at Fort Eustis, VA, to attend advanced individual training (AIT). 5. On 9 February 2002, while attending AIT, the applicant received initial counseling for Phase Four of his training. Sexual Harassment, Suicide Prevention, and Standards of Conduct were among the topics covered during this counseling session. The Standards of Conduct briefing specifically stated no pornographic material or tobacco products were allowed. 6. A DA Form 2823 (Sworn Statement) and 8th Brigade Serious Incident Report/Command Interest Report (SIR/CIR) show on 24 March 2002, the applicant swallowed several bottles of pills and washed it down with Gatorade in an apparent suicide attempt. After being treated at the, he was transferred to for observation and evaluation. On 25 March 2002, a physician determined he was not suicidal or homicidal at the time and he was returned to his unit with no limitations on duty and instructions to schedule a follow-up appointment at Fort Eustis Community Mental Health (FECMH). 7. On 5 April 2002, the applicant was counseled for failing to obey an order or regulation and violating the company standards of conduct brief when a drill sergeant caught him with a cigarette lighter in his pocket and he admitted he had been smoking. The applicant was advised that he was being recommended for disciplinary action under the provisions of the Uniform Code of Military Justice (UCMJ) and failure to meet the standards set by the Army could and would result in administrative action being taken against him. 8. An 8th Brigade SIR/CIR shows on 7 April 2002, the applicant told a drill sergeant that he was thinking about hurting himself. The drill sergeant transported the applicant to MACH, where he was further evacuated to PNMC for further evaluation. He was returned to his unit on 8 April 2002 and scheduled for a follow-up appointment at FECMH. 9. On 8 April 2002, the applicant was counseled regarding suicide attempts. The applicant was advised that the cadre was there to help him cope in any way possible and he was also provided several options for obtaining assistance with his mental health, both within and outside of his chain of command. He was further advised that further incidents of this nature could result in his administrative separation from the service and that such separation could result in the issuance of either an under honorable conditions or under other than honorable conditions characterization of his service, which could cause him substantial prejudice in civilian life. 10. On 8 April 2002, the applicant was counseled regarding violation of a company policy letter by possessing a prohibited item (pornography) in the form of a video tape containing nudity and Soldiers performing indecent acts. He was also counseled for violating Article 134, of the UCMJ because after having knowledge the video tape contained indecent acts, he showed the video tape to several other Soldiers. This behavior showed he had no regard for established rules and regulations and did not live by the Army values. 11. On 19 April 2002, the applicant's immediate commander notified him that he was initiating actions to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 11, for Entry Level Performance and Conduct. As the specific reason, the commander cited the applicant’s incidents of being caught with a prohibited item, possession and sharing of pornographic material, and suicide attempt. He further advised the applicant that if his separation was approved, he would receive an entry level separation with uncharacterized service. The applicant acknowledged receipt of the separation notification on the same date. 12. On 22 April 2002, the applicant consulted with counsel and was advised of the basis for the contemplated action to separate him for inability to adapt to military environment. He acknowledged his understanding of the effects of this action, the rights available to him, and the effect of any action taken by him in waiving his rights. He waived his rights to consult with counsel and to make statements in his own behalf. He also elected not to have a separation medical examination. 13. The applicant's immediate commander formally recommended his separation under the provisions of Army Regulation 635-200, Chapter 11. The separation authority approved the separation recommendation and directed his term of service be uncharacterized. 14. Orders and the applicant's DD Form 214 show he was discharged on 2 May 2002. His DD Form 214 shows he was credited with completion of 5 months and 25 days of net active service this period and contains the following entries in: * Block 5 (Date of Birth) – "19820824" (indicating 24 August 1982) * Block 18 (Remarks) – "Member has not completed his first full term of service" * Block 24 (Character of Service) – Uncharacterized * Block 25 (Separation Authority) – Army Regulation 635-200, Chapter 11 * Block 26 (Separation Code) – JGA * Block 27 (Reentry Code) – 3 * Block 28 (Narrative Reason for Separation) – Entry Level Performance and Conduct 15. The applicant provides the following documents in support of his petition; all of which are available in their entirety for the Board's consideration. a. A letter from the DVA, dated 29 September 2021, providing the applicant a summary of the benefits he currently received from the DVA. In part, this letter shows the DVA records indicate the applicant is an Army Veteran who served on active duty from 8 November 2001 until he was released/discharged on 2 May 2022 with an honorable characterization of service. b. A letter from the DVA, dated 29 September 2021, provided to the applicant as certification that he served on active duty from 8 November 2001 until he was discharged on 2 May 2022 with an honorable characterization of service. c. A letter from the NPRC explaining their agency had no authority to review and approve amendments or corrections to military records and referring the applicant to the Army Review Boards Agency to seek relief. 16. 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 processing. 17. Published guidance to the Boards for Correction of Military/Navy Records (BCM/NRs) 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. 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, and published Department of Defense guidance for liberal and clemency determinations requests for upgrade of his characterization of service. Upon review of the applicant’s petition and available military records, the Board determined 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. 2. Evidence in the record show the applicant did not complete his training, nor did he receive a military occupational specialty (MOS). The applicant was credited with completion of 5 months and 25 days of net active service this period of service. 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. The Board found the applicant’s request for correction to his narrative reason, separation code and separation authority were without merit. As such, his DD Form 214 properly shows his service as uncharacterized. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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. ADMINISTRATIVE NOTES: Army Regulation 635-8 (Separation Processing and Documents), currently in effect, states the separating Soldier's DOB will be entered in Block 5 (Date of Birth). Based on the applicant's Certificate of Live Birth and several other documents filed in his AMHRR, the evidence of record confirms the applicant's DOB as 25 August 1982. Based on the foregoing, amend the applicant's DD Form 214, ending 2 May 2002 by removing the current entry from Block 5 and replacing it with the entry: "19820525." 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 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the separation codes to be entered on the DD Form 214. At the time, this regulation prescribed the separation code "JGA" as the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, based on entry level performance and conduct. 3. 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. 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. 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) AR20220003610 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1