IN THE CASE OF:  
 
  BOARD DATE: 8 August 2023 
 
  DOCKET NUMBER: AR20230005850 
 
 
APPLICANT REQUESTS:  his uncharacterized separation in the U. S. Army Reserves (USAR) be changed to a general, under honorable conditions discharge.  
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
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 he has been trying to open a USAA account but has been told his discharge must reflect at least a general discharge. 
 
3.  The available service record does not include a copy of his enlistment documents. 
 
4.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he enlisted in the USAR on or about 25 November 1991 under the split training option. He served on initial active duty for training (IADT) from 16 June 1992 until 23 August 1992, completing basic training and released from IADT to his USAR unit. A DD Form 214 (Certificate of Release or Discharge from Active Duty) was not issued at this time. 
 
5.  Military Entrance Processing Station Order 181-12, dated 22 September 1992, ordered the applicant to IADT with a reporting date of 14 June 1993 for approximately 11 weeks or until completion of military occupational specialty (MOS) training. 
 
6.  On 9 June 1993, his immediate commander requested that the applicant's training order be revoked due to legal actions pending court appearance in conflict with his duty shipment date, and requested a later shipment date for his Phase II Split Option training. The nature of the court appearance is not of record. 
 
7.  Military Entrance Processing Station Order 109-13, dated 10 June 1993, amended the applicant's reporting date to 25 June 1993. 
 
8.  On 20 June 1993, the applicant immediate commander notified the applicant of his intent to separate him under the provisions of Army Regulation 135-178 (Separation of Enlisted Personnel: Army National Guard and Army Reserve). The commander did list the reasons for his proposed action to separate the applicant; however, he did inform him of his rights to seek counsel. 
 
9.  On 22 June 1993, the immediate commander initiated separation action against the applicant under the provisions of Army Regulation 135-178, Chapter 5, for the applicant’s inability to complete IADT. He recommended that his period of service be characterized as an entry level separation. The applicant was afforded the right to present rebuttal matters at the next monthly assembly on 7 August 1993. 
 
10.  Military Entrance Processing Station Order 122-13, dated 29 June 1993, revoked Order 181-12, 22 September 1992, ordering the applicant to IADT. 
 
11.  Headquarters, 80th Division (Training), Dervishian USAR Center Orders 116-2, dated 27 October 1993, discharged the applicant effective 27 October 1993 with an uncharacterized discharge under Army Regulation 135-178 (M5).  
 
12.  The applicant did not complete his IADT and was not awarded a military occupational specialty. 
 
13.  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: 
 
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 evidence shows the applicant did not complete initial entry training and was not awarded an MOS. 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. As such, his discharge order properly shows his service as uncharacterized. A general discharge is not authorized during initial entry training. Additionally, 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 
 
xx: xx: xx: 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. 
 
  8/8/2023

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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that were prepared for individuals upon retirement, discharge, or 
release from active military service or control of the Army. It established standardized policy for preparing and distributing DD Form 214. Paragraph 1-4 provided that a DD Form 214 will be prepared for personnel at the time of their retirement, discharge, or release from the Active Army. Personnel included are members of the ARNGUS and USAR separated after completing 90 days or more of continuous ADT, and those separated after completing initial active duty for training that resulted in the award of an MOS, even though the active duty was less than 90 days.  
 
3.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. Specifically, it references instruction related to the preparation of the DD Form 214. Paragraph 5-1f states that a DD Form 214 will be prepared for Reserve Component Solders completing active duty that results in the award of a MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of ARNGUS Alternate Training Program or USAR Split Training Program). 
 
4.  Army Regulation 135-178 (Separation of Enlisted Personnel: Army National Guard and Army Reserve) states: 
 
 a.  An 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. An honorable characterization may only be awarded a Soldier upon completion of their service obligation, or where required under specific reasons for separation, unless an uncharacterized description is warranted.  
 
 b.  A general (under honorable conditions) characterization is warranted when significant negative aspects of the Soldier’s conduct or performance of duty outweigh positive aspects of the Soldier’s military record. When authorized, a characterization of under honorable conditions is awarded to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. 
 
 c.  Service will be described as uncharacterized if separation processing is initiated while a Soldier is 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. 
 
 d.  A Soldier will be discharged when the Soldier remains unavailable for IADT and the Soldier's case has been reviewed and discharge determined to be appropriate because of extended nonavailability. 
 
5.  Army Regulation 601- 25 (Delay in Reporting for and Exemption from Active Duty, Initial Active Duty for Training, and Reserve Forces Duty) states that nonprior service enlisted personnel (ARNG and USAR) must enter training within the period prescribed by Army Regulation 135–200, paragraph 6–5a unless delayed for a reason shown in table 2–1 (rules 25 through 30). These personnel are required to enter on IADT as soon as training quotas are available. Authorized delays will not exceed a period of 1 year from date of enlistment unless approved personally by the Secretary of the Army. Rule 25 pertains to an enlisted member ordered to IADT for personal hardship for a period not to exceed 270 days. 
 
6.  The Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records on 25 July 2018, 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 court-martial forum. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds.  
 
 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.  
 
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