IN THE CASE OF:	  

	BOARD DATE:	  15 July 2008

	DOCKET NUMBER:  AR20080006643 


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, in effect, that his entry level status uncharacterized discharge be upgraded.  

2.  The applicant states that he had no discipline problem while he served in the military.  He states that he tried his best to do what he was told and his only desire was to serve his country.  

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); his DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings); and his Standard Form 88 (Report of Medical Examination).

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 on 7 April 1989 for a period 
of 2 years and 19 weeks.  He was assigned to Fort Leonard Wood, Missouri for basic training.  

3.  The applicant underwent a physical on 11 May 1989.  The examining physician indicated that the applicant had asthma and flat feet in item 74 (Summary of Defects and Diagnoses) on his Report of Medical Examination.  He was given a physical profile of 113111 and was not found qualified for retention based on his asthma and flat feet.  

4.  An EPSBD evaluated the applicant on 11 May 1989 for bilateral foot and ankle pain.  After careful consideration of medical records, laboratory findings, and medical examinations, the EPSBD found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards.  The evaluating physicians determined that the condition existed prior to service noting the applicant had a past history of foot problems.  He was given a physical profile of L3 with assignment limitations of no further duty for training purposes.  

5.  On 30 May 1989, the applicant acknowledged that he had been informed of the medical findings and indicated that he understood that legal advice of an attorney employed by the Army was available to him or that he could consult civilian counsel at his own expense.  He also indicated that he understood he could request to be discharged from the U.S. Army without delay or request retention on active duty.  He concurred with the proceedings and requested to be discharged from the U.S. Army without delay.  The EPSBD recommended that the applicant be separated from the military for not meeting entrance standards in accordance with Army Regulation 40-501, paragraph 2-10(5)b.

6.  The unit commander recommended that the applicant be discharged from the service.  He indicated the applicant had not completed basic training or 8 weeks of one station unit training.  

7.  On 8 June 1989, the discharge authority directed that the applicant be discharged from the service.

8.  The applicant was discharged on 13 June 1989 under the provisions of Army Regulation 635-200, paragraph 5-11 by reason of failure to meet procurement medical fitness standards with an entry level status uncharacterized discharge.  He had 2 months and 7 days of creditable active service.

9.  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 regulations 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 AND CONCLUSIONS:

1.  The applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-11 based on failure to meet procurement medical fitness standards was administratively correct and in conformance with applicable regulations.

2.  The applicant was in an entry level status at the time of separation from active duty because he had served fewer than 180 days of active Federal service.  The determination that the applicant's service was "uncharacterized" was in compliance with Army regulation governing separations of Soldiers while an in an entry level status.  An 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.  

3.  Therefore, the applicant's DD Form 214 properly reflects his character of service as uncharacterized.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  __xx____  ____xx__  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.




 _   ___xxxx   ______________
       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)                                         AR20080006643





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ABCMR Record of Proceedings (cont)                                         AR20080006643



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