IN THE CASE OF: BOARD DATE: 13 December 2023 DOCKET NUMBER: AR20230003093 APPLICANT REQUESTS: Upgrade of her uncharacterized discharge to honorable. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Copy of email from the Army Human Resources Command (HRC) * Veterans Affairs (VA) summary of benefits letter * Memorandum issued by Brook Army Medical Center, Fort Sam Houston, TX; subject: Line of Duty Determination [Applicant] 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 she was recently informed that during the time of her discharge, the Army was discharging people with uncharacterized service, erroneously. She is currently trying to obtain a certificate of eligibility, but because of her DD Form 214 (Certificate of Release or Discharge from Active Duty) not reflecting honorable, she cannot obtain it. She was informed by the VA to get it corrected as some part of the systems reflect honorable. She is trying to purchase a home for her children. 3. The applicant enlisted in the U.S. Army Reserve (USAR) on 18 November 1996. She entered active duty for training (ADT) on 31 July 1997, for the purpose of completing her initial entry training. Her record shows she was not awarded a military occupational specialty (MOS). 4. Memorandum dated 26 November 1997, from the Senior USAR Liaison; subject: Non-Graduation due to Army Physical Fitness Test (APFT) Failure, shows that the applicant was being returned to her unit as a non-graduate due to record APFT failure. 5. The applicant was relieved from ADT effective 5 December 1997, by Orders 335- 00205, issued by Headquarters, U.S. Army Medical Department Center and School and Fort Sam Houston, Fort Sam Houston, TX. She was returned to the control of the USAR. 6. The available record is void of a separation packet containing the specific facts and circumstances surrounding her discharge processing. 7. The applicant was discharged on 5 December 1997. Her DD Form 214 confirms she was discharged under the provisions of Military Entrance processing Station Self- terminating Order 145-009, for completion of period of ADT. Her service was uncharacterized. She was not assigned a separation code nor a reentry code. She completed 4 months and 5 days of net active service this period. 8. The applicant petitioned the Army Discharge Review Board requesting upgrade of her uncharacterized discharge. On 3 November 2004, the Board voted to deny relief and determined that her discharge was both proper and equitable. 9. The applicant provides the following (provided in entirety for the Board): a. Copy of an email from an analyst with HRC, Veteran Inquiry Branch that shows they could not provide a social worker with the VA, a copy of the applicant’s DD Form 214. However, the analyst did verify that the applicant was on active duty for initial training from 19970731 to 19971205 and received and honorable characterization for Completion of Required Active Service (MBK). Additionally, the analyst stated that it is likely the uncharacterized characterization that she was seeing in the system is erroneous. b. A VA summary of benefits letter, which shows the applicant has a combined service-connected evaluation rating of 30 percent. c. Memorandum issued by Brook Army Medical Center, Fort Sam Houston, TX, dated 25 November 1997, that shows a line of duty (LOD) determination was completed on behalf of the applicant. However, the available record is void of the LOD packet. 10. 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 in an entry-level status at the time of her separation. As a result, her service was appropriately described as "uncharacterized" in accordance with governing regulations. ? 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, and published Department of Defense guidance for liberal and clemency determinations requests for upgrade of his characterization of service. 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 and available military records, the Board determined the applicant did not complete training and was released from active duty back to her USAR unit for reason of army physical fitness test failure. The Board agreed the applicant’s DD Form 214 properly shows the appropriate characterization of service as uncharacterized. 2. The Board noted, 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, relief was denied. 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. 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 would be prepared for the personnel listed below at the time of their retirement, discharge, or release from the Active Army. Personnel included were members of the Army National Guard of the U.S. 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 635-200 (Active Duty Enlisted Administrative Separations) sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Chapter 3 provides that 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. Paragraph 3-7a provides that 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230003093 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1