IN THE CASE OF:  

		BOARD DATE:  9 May 2023

		DOCKET NUMBER:  AR20220010036


APPLICANT REQUESTS:  In effect, her uncharacterized discharge be changed to an 
honorable discharge. 

APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD:  

Electronic DD Form 149 (Application for Correction of Military Record)

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, her discharge was upgraded shortly after her 
separation, by someone making handwritten changes with a circled capital letter H on 
her DD Form 214 (Certificate of Release or Discharge from Active Duty), but she never 
received a typed corrected copy. She has received Veteran Administration (VA) letters 
showing her status as honorable. She was denied having her military service to her 
driver's license because she did not have a typed corrected copy of her DD Form 214. 

3.  The available records show:  

   a.  On 5 October 1988, the applicant enlisted in the Regular Army for a 4-year 
service obligation. Upon completion of training and award of military occupational 
specialty 73C (Finance Specialist), she was assigned to Fort Campbell, KY, and 
reported on 3 March 1989. 

   b.  On 4 April 1989, a memorandum for record completed by a Division Support 
Command Legal Noncommissioned Officer, shows the applicant's elimination request 
was delivered on 30 March 1989 [177 days of service].

   c.  On 5 April 1989, the applicant's immediate commander notified the applicant that 
he was initiating actions to separate her under the provisions of Army Regulation (AR) 
635-200 (Personnel Separations – Enlisted Personnel), Chapter 11, for entry level 
status performance and conduct. As the specific reason, the commander referenced the 
applicant's statement:  Since her accident in basic training, she had continuous trouble 
walking long distances without a cane or crutch. Most days she experiences throbbing 
pain. Thus, she desired to be discharge because it had been three months with no 
substantial improvements in her condition. She was assigned to Fort Campbell because 
of her mother's schizophrenia. Her mother's condition was worsening, and she needed 
to be home to help her 12-year-old brother and mother. 

   d.  On 10 April 1989, after consulting with counsel, the applicant acknowledged 
counsel had advised her of the basis for the contemplated separation action and had 
informed her of her rights the effect of waiving those rights. The applicant affirmed she 
understood the separation authority could issue her an entry-level, uncharacterized 
character of service; she elected not to submit statements in her own behalf, and noted 
she already had a separation examination [not available for review]. 

   e.  Subsequently, the same day the applicant's immediate commander formally 
recommended her separation from service, under the provisions of Army Regulation 
635-200, Chapter 11, for entry level performance and conduct.

   f.  On 24 April 1989, the separation authority approved the applicant's separation, a 
waiver of rehabilitative requirements, and directed the issuance of an entry level 
separation with uncharacterized service. 

   g.  On 28 April 1989, the applicant was discharged accordingly. Her DD Form 214 
confirms she was discharged under the provisions of AR 635-200, Chapter 11-3a, for 
entry level status performance and conduct. Her service was uncharacterized, and she 
was credited with completing 6 months and 24 days of net active service. 

4.  Soldiers are considered to be in an entry-level status when separation is initiated 
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. 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. 

5.  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:

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.    
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 was separated for entry level training. 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. Based on a preponderance 
of evidence, the Board determined that the character of service the applicant received 
upon separation was not in error or unjust.

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 635-200, in effect at the time, sets 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.  Chapter 3 states 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.  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.  Chapter 11 provides that commanders could initiate separation action against 
entry-level Soldiers who demonstrated they were unqualified for retention by not 
adapting socially or emotionally to military life, not meeting minimum standards for the 
successful completion of training, and/or not responding to counseling. Soldier's service 
was to be uncharacterized for separations under Chapter 11.

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/Naval 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, Boards 
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)	AR20220010036


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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