IN THE CASE OF: 

		BOARD DATE: 28 September 2023

		DOCKET NUMBER: AR20230004338


APPLICANT REQUESTS: an upgrade of her characterization of service from 
uncharacterized to general under honorable conditions.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the U.S.), 13 January 2023
*	DD Form 149 (Application for Correction of Military Record), 13 January 2023
*	Self-authored letter

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:

   a.  Her recruiter stated for her to enlist in the U.S. Army her children had to be 
placed for adoption. She followed his instructions, and then enlisted in November 1977. 
While in basic training her sergeant stated the recruiter did not properly inform her of the 
correct procedure. She received a call that her children would be placed in the system 
and up for adoption by a family member. Once she arrived in, , she attempted to get her 
children. It was difficult getting her kids back and she was told that she could not have 
them.  
   
   b.  She enlisted in the U.S. Army to provide a better life for her children. She became 
depressed without them. She informed [the unit] she would go to the media and make 
public her mistreatment and discrimination. She is the victim of the improper procedure 
of enlistment in the 1990’s. She met with the board and was granted release. 

3.  On 19 November 1997, she enlisted in the Regular Army. 

4.  On 23 April 1998, the applicant's immediate commander notified her of his intent to 
initiate separation action against her under the provisions of Army Regulation 635-200 
(Personnel Separation Enlisted Personnel), chapter 11, by reason of entry level status 
performance and conduct. Her commander further cited that the applicant has shown an 
inability to adapt, and administrative separation would be in the best interests of the 
Army.

5.  The applicant acknowledged receipt of her commander's notification of intent to 
initiate separation action against her. She understood if approved she would receive an 
entry level separation with uncharacterized service. She waived her right to military 
counsel, and she elected not to submit a statement on her own behalf.

6.  The separation authority approved her discharge under the provisions of chapter 11 
of Army Regulation 635-200 and directed the issuance of an entry level separation – 
uncharacterized. 

7.  Her DD Form 214 shows she was discharged on 8 May 1998, under the provisions 
of Army Regulation 635-200, chapter 11, for entry level performance and conduct, with 
uncharacterized service. Her DD Form 214 shows:

   a.  She completed 5 months, and 20 days of active service. 
   
   b.  She was issued separation code “JGA”, and reenlistment code “RE-3”.

8.  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:

The Board carefully considered the applicant's request, supporting documents, 
evidence in the records, and published Department of Defense guidance for 
consideration of discharge upgrade requests. The Board considered the applicant's 
statement, her record of service, the reason for her separation, and whether to apply 
clemency. The Board found insufficient evidence of in-service mitigating factors and the 
applicant provided no evidence of post-service achievements or letters of reference in 
support of a clemency determination. The Board confirmed the applicant was in an 
entry-level status when she was discharge, and her service was uncharacterized as 
required by the governing regulation. Based on a preponderance of evidence, the Board 
determined the applicant’s uncharacterized service is 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 (Personnel Separation Enlisted Personnel) 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. 
Readiness is promoted by maintaining high standards of conduct and performance.

	a.  Paragraph 3-4(2) Entry-Level status. Service will be uncharacterized, and so 
indicated in block 24 of DD Form 214, except as provided in paragraph 3–9a.

	b.  Paragraph 3-7 states 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.

	c.  Paragraph 3-9a Entry-level status separation. A separation will be described as 
entry-level with service uncharacterized if processing is initiated while a Soldier is in 
entry-level status, except when—

		(1) Characterization under other than honorable conditions is authorized under 
the reason for separation and is warranted by the circumstances of the case.

		(2) HQDA on a case-by-case basis, determines that characterization of service 
as honorable is clearly warranted by the presence of unusual circumstances involving 
personal conduct and performance of duty. This characterization is authorized when the 
Soldier is separated by reason of selected changes in service obligation, convenience 
of the Government, and Secretarial plenary authority.

		(3) The Soldier has less than 181 days of continuous active military service, has 
completed Initial Entry Training, has been awarded an MOS, and has reported for duty 
at a follow-on unit of assignment.

	d. Chapter 11 sets policy and provides guidance for the separation of Soldiers 
because of unsatisfactory performance and/or conduct while in entry-level status. 
Separation of a Soldier in entry level status may be warranted on the grounds of 
unsatisfactory performance and/or unsatisfactory conduct as evidenced by: Inability; 
Lack of reasonable effort; Failure to adapt to the military environment; and/or Minor 
disciplinary infractions. This policy applies, in pertinent part, to Soldiers who enlisted in 
the Regular Army, ARNG, or USAR, are in entry-level status, undergoing IET, and, 
before the date of the initiation of separation action, have completed no more than 180 
days of creditable continuous AD or IADT or no more than 90 days of Phase II under a 
split or alternate training option. (See the glossary for precise definition of entry-level 
status.) The Soldiers to whom this applies, in pertinent part have failed to respond to 
counseling and have demonstrated that they are not qualified for retention. The 
following conditions are illustrations of conduct and/or performance that disqualify 
Soldiers for retention: (a) Cannot or will not adapt socially or emotionally to military life; 
(b) Cannot meet the minimum standards prescribed for successful completion of 
training because of lack of aptitude, ability, motivation, or self-discipline; and/or (c) Have 
demonstrated character and behavior characteristics not compatible with satisfactory 
continued service.

	e. Section II (Terms):

		(1) Character of service for administrative separation - A determination reflecting 
a Soldier’s military behavior and performance of duty during a specific period of service. 
The three characterizations are honorable, general (under honorable conditions), and 
under other than honorable conditions. The service of Soldiers in entry-level status is 
normally described as uncharacterized.

		(2) Entry-level status - For Regular Army Soldiers, entry-level status is the first 
180 days of continuous AD or the first 180 days of continuous AD following a break of 
more than 92 days of active military service.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230004338


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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