IN THE CASE OF:	   

		BOARD DATE:	  	   9 October 2008

		DOCKET NUMBER:  AR20080012356 


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 that his uncharacterized entry level status discharge be changed to an honorable discharge.

2.  The applicant states, in effect, that he had a problem with running in boots prior to him finishing basic training.  His doctor told him that it was due to his arches.  

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), in support of his application.  

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 underwent a physical examination on 17 January 1983 for the purpose of enlistment.  The examining physician indicated that the applicant was qualified for service with a physical profile of 111111.  

3.  The applicant enlisted in the Regular Army on 29 March 1983 for a period of four years.  He was assigned to Fort Leonard Wood, Missouri for one station unit training.  

4.  An Entrance Physical Standards Board (EPSBD) evaluated the applicant on 26 April 1983 for a complaint of pain in his arches.  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 and recommended that he be discharged for a condition that existed prior to service (EPTS).  He was given a physical profile of L3, code C with no running, jumping, crawling, stooping, marching or standing for long periods.  

5.  On 6 May 1983, 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 appropriate medical approving authority approved the findings of the EPSBD on 6 May 1983.

6.  The applicant was discharged on 11 May 1983 under the provisions of Army Regulation 635-200, paragraph 5-11 by reason of failure to meet procurement medical fitness standards, with an uncharacterized entry level status discharge.  He had completed 1 month and 13 days of creditable active service.

7.  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 his 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)                                         AR20080012356



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ABCMR Record of Proceedings (cont)                                         AR20080012356



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