BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100029704


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests her discharge be upgraded to honorable.

2.  The applicant states a mistake was made.

3.  The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army for 2 years and 23 weeks on 14 November 1991.  She was sent to Fort Jackson, SC for initial entry training.

3.  The circumstances surrounding the applicant's discharge are not contained in her official military personnel file (OMPF).  There is a 1st and 2nd endorsement to a memorandum with the subject:  Trainee Medical Retention Board.  The endorsements are dated 9 and 11 January 1992 and indicate the applicant was advised of her options regarding retention or separation and elected discharge.

4.  There is a completed DD Form 214, signed by the applicant, which states she was discharged under the provisions of Army Regulation 635-200, paragraph 
5-11, by reason of failure to meet procurement medical fitness standards – no disability.  She served from 14 November 1991 through 24 January 1992, a period of 2 months and 11 days.  Her discharge was "uncharacterized."

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Paragraph 5-11 (Separation of personnel who did not meet procurement medical fitness standards) of the regulation then in effect stated Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on AD [active duty] or ADT [active duty training] for initial entry training, will be separated.  Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the Soldier's initial entrance on AD which would have permanently or temporarily disqualified him or her for entry into the military service or entry on AD or ADT for initial entry training had it been detected at that time, and which does not disqualify him or her for retention in the military service.

	b.  Paragraph 3-9 (Uncharacterized separations) stated an entry level status separation will be described as uncharacterized if processing is initiated while a Soldier is in entry level status.  Entry level status was defined for RA Soldiers as the first 180 days of continuous AD.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests an honorable discharge.

2.  The applicant was discharged on 24 January 1992 after serving only 72 days. Because she was in an entry level status, her discharge was uncharacterized.



3.  An entry level status (uncharacterized) discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _x   _______   ___
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20100029704



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ABCMR Record of Proceedings (cont)                                         AR20100029704



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