| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Ted S. Kanamine | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his uncharacterized discharge be changed.
APPLICANT STATES: That item 24 (Character of Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows “uncharacterized”. In support of his application, he submits a copy of his DD Form 214.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the US Army Reserve under the Delayed Enlistment Program (DEP) for eight years. He enlisted in the Regular Army on 5 January 2001.
The facts and circumstances pertaining to the applicant’s discharge proceedings are not present in his records. However, his DD Form 214 indicates that he was discharged on 13 March 2001 under the provisions of Army Regulation 635-200, chapter 5, by reason of failure to meet procurement medical fitness standards. His DD Form 214 also shows that he was separated with an uncharacterized discharge. He had 2 months and 9 days of creditable service.
On 31 October 2001, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge to honorable.
Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provides that 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 entrance on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3. The characterization of service for soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry level status. Army regulation state that a soldier is in an entry level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.
2. Evidence of record shows the applicant was in an entry level status at the time of his separation from active duty because he had served fewer than 180 days of active Federal service.
3. The determination that the applicant’s service was “uncharacterized” was in compliance with Army regulation governing separations of soldiers while in an entry level status.
4. In the absence of evidence that the applicant’s discharge processing was flawed or otherwise not in accordance with law and regulation, there is no basis to change his characterization of service.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
6. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
FNE_____ TSK_____ JTM_____ DENY APPLICATION
| CASE ID | AR2001063293 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020110 |
| TYPE OF DISCHARGE | UNCHAR |
| DATE OF DISCHARGE | 20010313 |
| DISCHARGE AUTHORITY | AR635-200, para 5-11 |
| DISCHARGE REASON | Failure to Meet Procurement Medical Fitness Standards |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001059144C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 29 June 2001, the Army Discharge Review Board denied the applicant’s request for an upgrade of her discharge to honorable and found that the reason for discharge and characterization of service were proper and equitable. The evidence of record confirms that the applicant was separated after completing just over 4 months of active military service and therefore, her...
ARMY | BCMR | CY2001 | 2001056785C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The evidence of record confirms that the applicant was separated after completing just over 1 month of active military service and therefore, his uncharacterized discharge was appropriate. There is no evidence of record and none has been presented that he developed an incisional hernia while on military duty.
ARMY | DRB | CY2006 | AR20060013218
Application Receipt Date: 2006/09/15 Prior Review Prior Review Date: None I. Army Regulation 635-200 states that a soldier is in an entry-level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. A soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.
ARMY | BCMR | CY2001 | 2001059201C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. His status was reviewed by an Entrance Physical Standards Board (EPSBD) on 7 March 2001. “After careful considerations of medical records, laboratory findings, and medical examinations, the board finds that the service member was medically unfit for enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians, the...
ARMY | DRB | CY2013 | AR20130011350
IN THE CASE OF: Mr. BOARD DATE: 31 January 2014 CASE NUMBER: AR20130011350 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. The characterization of service for...
ARMY | DRB | CY2010 | AR20100107842
Applicant Name: ????? The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable. Army Regulation 635-200 states that a Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.
AF | DRB | CY2006 | AR20060016546
The characterization of service for soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry-level status. Army Regulation 635-200 states that a soldier is in an entry-level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. The analyst recommends to the Board that the reason for discharge and the characterization of...
ARMY | BCMR | CY2001 | 2001051515C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded: This condition was discovered during basic training while the applicant was in an entry-level status.
ARMY | BCMR | CY2004 | 20040010539C070208
The applicant requests the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge From Active Duty) be changed. The applicant states his characterization of service was corrected by the Army Discharge Review Board (ADRB). Although, the ADRB granted the applicant's request to have his service characterized as honorable, the ADRB determined the narrative reason for separation was proper and equitable and did not authorize a change to his narrative reason for...
ARMY | DRB | CY2006 | AR20060012265
Current ENL Service: 00 Yrs, 02 Mos, 06 Days ????? His DD Form 214 indicates that he was discharged under the provisions of Chapter 5-11, AR 635-200 by reason of failure to meet procurement medical fitness standards, with service uncharacterized. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the...