IN THE CASE OF BOARD DATE: 31 March 2023 DOCKET NUMBER: AR20220009704 APPLICANT REQUESTS: an upgrade of her uncharacterized discharge to honorable. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 293 in lieu of DD Form 149 (Application for Correction of Military Record), 28 June 2022 * 25 pages of service records * NGB Form 22 (Report of Separation and Record of Service), 1 July 1998 * DD Form 214 (Certificate of Release of Discharge from Active Duty), 1 July 1998 * Bachelor of Science Criminal Justice Diploma, (City) University, 21 December 2007 * Master if Science in Counseling Diploma, (City) University, 30 September 2011 * Graduate Certificate of Completion, (City) University, June 2020 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, in effect, she wishes a review of and change of her discharge to honorable. 3. The applicant provided copies of: a. Service records of her separation package, 25 pages, 1998 b. A NGB Form 22, showing her uncharacterized discharge from the Nevada Army National Guard, 1 July 1998. c. A DD Form 214, showing her uncharacterized discharge from Active Duty on 1 July 1998. d. A Diploma, showing she completed a BS Criminal Justice, (City) University, 21 December 2007. e. A Diploma, showing she completed a MS in Counseling, (City) University, 30 September 2011. f. A Diploma, showing she completed a Certification in Life Coaching, (City) University, June 2020. 4. A review of her service records shows: a. On 27 October 1997, she enlisted in the Nevada Army National Guard (NVARNG) for a period of 8 years beginning at grade/pay grade private/E-1 and at age 24. b. On 13 April 1998, she entered active duty for Basic Combat Training (BCT) at 1st Platoon, D Company, 28th Infantry, Fort Jackson. c. On the same date, she was given her initial counseling and summary for BCT and understood she would be personally responsible for her training; she would be required to complete all mandatory training and to qualify with the M-16A-1/A-2 rifle, pass the Basic Physical Fitness Test, and pass End-of-Cycle Proficiency Test. d. On 15 June 1998, she was counseled for failing to meet the standards of the Basic Rifle Marksmanship Period Number 10 and on 15 June 1998, she was counseled for failing to meet the standards of the Basic Rifle Marksmanship Period Number 11. e. On 19 June 1998, she was counseled for failing to meet the standards of the Basic Rifle Marksmanship Period Number 11 a second time. She had lost motivation and desire to train and complete BCT. Her senior noncommissioned officer recommended she be separated from the Army. f. On 21 June 1998, she was again counseled again that failing to complete basic requirements for BCT would result in separation form the Army. She requested in writing to be separated from the Army as she felt she had no motivation. g. Her Soldier Performance Record, 21 June 1998 shows she did not qualify in the M-16A2 rifle qualification and did not qualify on a 20 June 1998 Army Physical Fitness Test. h. On 22 June 1998, the First Sergeant, Bravo Company counseled her that the circumstances of her failure to complete training could result in her discharge from the Army. i. On 22 June 1998, the Commanding Officer, Company D, 1st Battalion, 28th Infantry Regiment, advised her he was initiating action to discharge her from the Army and advised her of her rights. The reasons for his recommendation were: lack of ability, failure to meet the minimum BRM standards and failure to adapt to the military environment. j. On the same date, she acknowledged her rights. She understood she had the right to consult with consulting counsel, she had the right to submit statements in her own behalf, and she had the right to obtain copies of the documents that would be sent to the separation authority supporting the proposed separation. She waived her right to consulting counsel and elected not to submit statements in her own behalf. She further understood that if her commander's recommendation for separation were approved, she would receive an entry level separation with an uncharacterized discharge. j. On 22 June 1998, the Commanding Officer recommended her separation from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 11 for lack of ability, failure to meet the minimum BRM standards and failure to adapt to the military environment. k. On an unspecified date, the separation approval authority approved her discharge under the provisions of Army Regulation 635-200, Chapter 11 with an uncharacterized discharge. l. On 1 July 1998, she was released from Active Duty Training and discharged from the Reserve of the Army and returned to the Army National Guard. Her DD Form 214 shows she was not awarded a military occupational specialty (did not attend Advanced Individual Training), and she completed 2 months and 19 days of net active service this period. It further shows in: * Block 24 (Character of Service) – uncharacterized * Block 25 (Separation Authority) – Army Regulation 635-200, Chapter 11 * Block 26 (Separation Code) – JGA * Block 28 (Narrative Reason for Separation) – Entry Level Performance and Conduct m. On 1 July 1998, she was discharged from the Army National Guard of the State of Nevada with uncharacterized service. Her NGB Form 22 shows she was discharged under the provisions of National Guard Regulation 600-200, Chapter 8-27y. She completed 8 months and 5 days and was not awarded a primary specialty. n. There is no evidence indicating she applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. o. In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: 1. After review of the application and all evidence, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined relief was not warranted. 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 her service as uncharacterized. 2. 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 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, 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set policies, standards and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. An honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldier'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. Chapter 11 provides guidance for the separation of personnel because of unsatisfactory performance, or conduct (or both) while in an entry level status. Chapter 11-3 applies to Soldiers who were voluntarily enlisted in the Regular Army, Army National Guard, or U.S. Army Reserve are in an entry level status and, before the date of the initiation of separation actions, have completed no more than 180 days of creditable continuous active duty or initial active duty training; and have demonstrated they cannot or will not adapt socially or emotionally to military life. c. Entry-Level status. Service will be uncharacterized for separation under the provisions of chapter 11. d. For ARNG and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training. 4. National Guard Regulation 600-200 ( ) establishes standards, policies, and procedures for the management of Army National Guard of the United States (ARNGUS) enlisted soldiers. a. Chapter 8-7 provides the type of administrative discharged and character of service. Entry level status discharge is an Uncharacterized separation per AR 135-178, paragraphs 1-20 and 9-3. Do not issue a discharge certificate or characterization of service. b. Chapter 827y provides for discharge as a result of discharge from the Reserve of the Army. A reentry eligibility (RE) code of RE 1 or RE 3 is appropriate. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009704 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1