RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060009296


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his uncharacterized discharge be characterized as honorable.

2.  The applicant states the only reason he does not have an honorable characterization of service is his short military enlistment.  He adds his discharge was for medical reasons and the characterization is preventing him from becoming a policeman.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 29 September 1989.  The application submitted in this case is dated 13 June 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army for 4 years on 25 August 1989.  He reported to the United States Army Infantry Center and Fort Benning, GA for training in military occupational specialty (MOS) 11B, Infantry.

4.  Almost immediately after reporting for active duty and while still assigned to the Reception Station, the applicant began complaining of painful flat feet which hindered his ability to march and run.

5.  The applicant was referred to an Entrance Physical Standards Board (EPSBD).  On 1 September 1989, it was determined he suffered from Pes Planus (flat feet) – a condition that existed prior to his service and which was not aggravated by his service – and that he did not meet medical fitness standards for enlistment.  The EPSBD recommended he be separated under the provisions of Army Regulation (AR) 635-200, paragraph 5-11.

6.  On 29 September 1989, the applicant was discharged under the provisions of AR 635-200, paragraph 5-11.  He had 35 days of active service.  The discharge was uncharacterized.

7.  Army Regulation 635-200 (Personnel Separations) 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 (service less than 180 days).

DISCUSSION AND CONCLUSIONS:

1.  The applicant was born with and suffered from flat feet.  Although he did not meet procurement medical fitness standards, he was permitted to enlist in the Regular Army for 4 years and training as an infantryman.

2.  Upon reporting for active duty, the applicant's medical condition was discovered.  An Entrance Physical Standards Board evaluated the applicant and recommended he be discharged under the provisions of AR 635-200, paragraph 5-11.

3.  Because the applicant was in an entry-level status, having served only 35 days, his discharge was properly determined to be "uncharacterized."  An uncharacterized discharge is not "derogatory."  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.

4.  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.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 29 September 1989; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 28 September 1992.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__tsk___  __lcb___  __lmd___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.



							Ted S. Kanamine
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060009296
SUFFIX

RECON

DATE BOARDED
20070227
TYPE OF DISCHARGE
UNCHAR
DATE OF DISCHARGE
19890929
DISCHARGE AUTHORITY
AR 635-200 5-11
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
110.0000
2.

3.

4.

5.

6.