IN THE CASE OF: BOARD DATE: 27 September 2023 DOCKET NUMBER: AR20230000989 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 15 June 1983, to show his uncharacterized discharge as honorable. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) with self-authored statement * DD Form 214, for the period ending 15 June 1983 * Orders, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, dated 26 January 1989 * DD Form 256A (Honorable Discharge Certificate), dated 31 January 1989 * Associate in Arts, dated 17 December 2006 * four photographs, undated * Passport Card, U.S. Department of State, issued on 14 December 2020 * United Services Automobile Association (USAA) profile, 16 November 2022 * Funeral Bulletin, ., 2022 * Resume 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: a. In the interest of justice his record should be corrected in a way that will allow him to die in dignity. He wants to be buried beside his military family members with the dignity and respect bestowed upon Veterans who have been honorably discharged. b. He has always loved and respected the military. The military has always been very good to him and his family. He would gladly reenlist if given the opportunity. He is currently a Loss Prevention Officer at a hotel and has almost continually served in the field of corrections or security. In light of his love for our country and all its institutions, he should be given a second chance. 3. The applicant enlisted in the Regular Army on 1 February 1983 for a 3-year period. Upon the completion of basic training, he reported to Fort Gordon, GA, for advanced individual training in April 1983. 4. He was counseled on three occasions between 11 May and 16 May 1983 for attitude deficiency, lack of interest, and lack of motivation. He requested to be discharged under the Trainee Discharge Program (TDP), stating the Army was not what he thought it would be. His personal beliefs and spiritual convictions created a conflict. He acknowledged his understanding of the ramifications of discharge. The first sergeant determined he would attempt local rehabilitation under his direct supervision. 5. The applicant's immediate commander notified the applicant on 27 May 1983 that he was initiating actions to separate the applicant from active duty, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 11, of the TDP. The commander further stated the applicant would receive an entry level separation with uncharacterized service. 6. On 6 June 1983, the applicant acknowledged receipt of the separation notification. He waived his right to consult with counsel and elected not to make any statements in his own behalf. 7. Subsequently, the applicant's commander formally recommended his separation from service, under the provisions of Army Regulation 635-200, Chapter 11. The commander noted the applicant’s religious beliefs and teachings caused him to question military life. He was unable to adapt to military service, and his family convinced him that what the military stands for is wrong. 8. A Standard Form (SF) 93 (Report of Medical History), dated 7 June 1983, and the corresponding SF 88 (Report of Medical Examination) show the applicant reported being in fair health, and he was medically cleared for separation. 9. The applicant underwent a mental status evaluation on 7 June 1983. The applicant was determined to be mentally responsible and had the mental capacity to understand and participate in board proceedings. 10. The applicant’s intermediate commander recommended approval of the proposed separation action, further recommending any rehabilitative requirements be waived. 11. The separation authority approved the recommended separation action on 9 June 1983, further directing transfer to the Individual Ready Reserve (IRR) with an Uncharacterized Entry Level Separation. 12. The applicant was released from active duty on 15 June 1983 under the provisions of Army Regulation 635-200, paragraph 11-3a, by reason of entry level status performance and conduct. His DD Form 214 confirms his character of service was Entry Level Status (uncharacterized). He was credited with 4 months and 15 days of net active service this period. He was not awarded a military occupational specialty. 13. Orders D-01-011363, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, dated 26 January 1989 show the applicant was honorably discharged from the IRR, effective 31 January 1989. 14. The applicant provides the following: * a diploma for an Associates in Arts from, dated 17 December 2006 * four photographs, presumably of the applicant * a copy of his passport issued on 14 December 2020 * a copy of his USAA profile, dated 16 November 2022 * his mother’s funeral bulletin, showing she was interred in the * a resume showing work experience, education, and professional accomplishments from 1983 to 2022 15. 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 credited with 4 months and 15 days of net active service. 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. 16. The Board should consider the applicant's argument and/or evidence in accordance with the published equity, injustice, or clemency determination 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 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. 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. Soldiers in the USAR and ARNG are authorized and honorable discharge while in entry-level status only if they complete their active-duty schooling and earn their MOS. Upon review of the applicant’s petition, 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. The applicant did not receive a military occupational specialty (MOS) he was released from active duty under the provisions of Army Regulation 635-200, paragraph 11-3a, by reason of entry level status performance and conduct. The applicant was credited with 4 months and 15 days of net active service this period. As such, his DD Form 214 properly shows his service as uncharacterized. Therefore, relief was denied. 3. 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. 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 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. An honorable discharge was a separation with honor. The honorable characterization was appropriate when the quality of the member's service generally had met the standards of acceptable conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would be clearly inappropriate. b. A general discharge was a separation from the Army under honorable conditions. The regulation authorized separation authorities to issue a general discharge to Soldiers whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Paragraph 3-9 (Uncharacterized Separations). Separation authorities were to describe a separation as entry-level, with service uncharacterized, if commanders- initiated separation processing while a Soldier was in entry-level status. The regulation additionally specified the Secretary of the Army, or designee, could grant a Soldier an honorable character of service, on a case-by-case basis, when clearly warranted by unusual circumstances involving personal conduct and performance of military duties. (1) Effective 28 January 1982, the Department of Defense (DOD) established "entry-level status" in DOD Directive 1332.14 (Enlisted Administrative Separations). (2) For active-duty service members, entry-level status began on the member's enlistment and continued until he/she had served 180 days of continuous active duty. 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. 3. On 25?July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Service 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, BCM/NRs 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) AR20230000989 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1