RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070018112 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



Member
	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 her DD Form 214 be corrected to reflect that she entered active duty on 14 March 1991, that she was discharged on 8 May 1991, that she had no sea service and that she was honorably discharged by reason of physical disability. 

2.  The applicant states that her mental illness of Bi-Polar (major depression) interfered with her thinking and the pain from her Endometriosis affected her performance.  

3.  The applicant provides a poor photocopy of her DD Form 214 and a copy of her Department of Veterans Affairs (VA) Rating Decision.

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 was born on 22 May 1960 and enlisted in the Regular Army at Fort Sheridan, Illinois on 14 March 1991, in the pay grade of E-3 for a period of 4 years and training as an equipment records and parts specialist.  The applicant was transferred to Fort Jackson, South Carolina to undergo her basic combat training.  

3.  On 23 April 1991, an Entrance Physical Standards Board (EPSBD) was conducted at Moncrief Army Community Hospital, Fort Jackson, South Carolina.  The board noted that the applicant had a history of EPTS (existed prior to service) condition of a total abdominal hysterectomy and bilateral salpingo-oophorectomy (surgical removal of a uterine tube and ovary) in 1988 because of endometriosis (a condition in which tissue more or less perfectly resembling the uterine mucous membrane and containing typical endometrial granular and stromal elements occurs aberrantly in various locations in the pelvic cavity).  Not able to take Premarin (trademark for preparation of conjugated estrogens) or Provera (trademark for preparations of medroxyprogesterone acetate). Depression, crying spells, and ill-defined abdominal pain.

4.  The subjective findings were that she was unable to function, depressed and crying spells.  The objective findings were ill-defined abdominal pain and depression.  The diagnosis was depression, Iatrogenic menopausal syndrome, vague abdominal pain. 

5.  The EPSBD recommended that the applicant be separated from the service for failure to meet medical procurement standards.  

6.  The applicant concurred with the findings and recommendations of the EPSBD and the appropriate authority approved the results of the EPSBD and her request to be discharged on 26 April 1991. 

7.  Accordingly, she was discharged with an uncharacterized discharge on 8 May 1991, due to failure to meet procurement medical fitness standards, with no disability.  She had served 1 month and 25 days of total active service.  Her DD Form 214 of record shows that she entered active duty on 14 March 1991, discharged on 8 May 1991, and had no sea service. 

8.  The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of her discharge to honorable due to the effect an uncharacterized discharge was having on her employment and was granted a personal appearance before the ADRB Travel Panel in Chicago, Illinois on 23 October 1995.  She appeared before the panel represented by counsel and after hearing testimony from both and reviewing the evidence of record, the ADRB voted unanimously to deny her request.

9.  Army Regulation 635-200, paragraph 5-11 provides the criteria for the separation of personnel who did not meet procurement medical fitness standards when accepted for enlistment.  It states, in pertinent part that medical proceedings must establish that a medical condition was identified by appropriate military medical authorities within 6 months of IADT (initial active duty training) which would have temporarily or permanent disqualified the member for entry into military service, had it been detected at the time of enlistment.  While an honorable or general discharge may be issued when clearly warranted by unusual circumstances involving personal conduct and performance of duty, personnel who are in an entry-level status (ELS) will receive an “Uncharacterized” separation.  An honorable discharge is rarely ever granted during the ELS period, which comprises the first 180 days of active duty service.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant’s rights. 

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances and the applicant has failed to show otherwise.

3.  The applicant’s contentions that her DD Form 214 does not contain the proper dates of entry on active duty and discharge and the amount of sea service performed has been noted and found to lack merit.  The DD Form 214 contained in her record clearly shows that her date entered active duty was 14 March 1991, her separation date was 8 May 1991, and that she had no sea service.  Additionally, it appears that the data in block 12a-h of the copy of the DD Form 214 provided by the applicant shifted 1 space above the respective line items during preparation.  Accordingly, all of the information is correct and there is no basis to make any corrections to those items.

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 the aforementioned requirement.
  
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__PHM __  __KSJ__  __JGH__   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.




      ___        PHM                ___
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070018112



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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ARLINGTON, VA  22202-4508