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Decision Text

ARMY | BCMR | CY1997 | 9711540
Original file (9711540.rtf) Auto-classification: Denied
1. The applicant requests that his uncharacterized discharge be changed to an honorable discharge. The “uncharacterized” entry has become an impediment to civilian employment. Also, he requests that his US Army Reserve service be included in the total service time on his DD Form 214.
2. The applicant’s military records show he was born on 28 April 1971. He completed his high school GED. On 7 June 1988, he enlisted in the Army Reserve. On 5 July 1989, he enlisted in the Regular Army for 4 years.

3. On 24 August 1989, Entrance Physical Standards Board (EPSBD) Proceedings were initiated on the applicant for allergic rhinitis with reactive airway disorder. The applicant apparently had this condition since childhood. The Board found the applicant to have no potential for useful service under conditions of full mobilization and recommended he be discharged.

4. On 28 August 1989, the applicant concurred with the Board proceedings and requested discharge from the Army without delay.

5. On 11 September 1989, the appropriate authority approved the recommendation, directed the soldier be discharged under Army Regulation 635-200, Chapter 5-11 and that he receive an uncharacterized (Entry Level Status) discharge.

6. On 14 September 1989, the applicant was discharged in the pay grade of E-1 under the provisions of Army Regulation 635-200, Chapter 5-11, (did not meet procurement medical fitness standards). He had completed 2 months and 10 days of creditable active service on this enlistment with no lost time. He was credited with 2 months and 4 days of prior active service and zero time for prior inactive service.

7. DA Form 1506, Statement of Service in the records shows the applicant should have been credited with 3 months and 3 days of prior active service and 10 months and 25 days of prior inactive service. His records show he had at least two periods of active duty special work service, one annual training period plus his initial active duty for training period.

8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 5, paragraph 5-11, sets the policy and prescribes procedures for separating members 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 active duty. 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 of active duty that would have permanently or temporarily disqualified him or her for entry into the military service or entry on active duty had it been detected at that time and does not disqualify him or her for retention. Unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in entry level status.

 CONCLUSIONS:

 1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2. The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3. However, there apparently is an error on his DD Form 214 with regard to his prior active and inactive service.

4. In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

 RECOMMENDATION :

1. That the applicant be issued a DD Form 215 to show he had 3 months and 3 days of prior active service and 10 months and 25 days of prior inactive service.

2. That so much of the application as in excess of the foregoing be denied.












 BOARD VOTE :
GRANT AS STATED IN RECOMMENDATION

GRANT FORMAL HEARING

 DENY APPLICATION
                                                      CHAIRMAN

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