IN THE CASE OF:	  

		BOARD DATE:	  9 June 2009

		DOCKET NUMBER:  AR20090001097 


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 characterization of service be changed from uncharacterized to under honorable conditions, and that his narrative reason for separation be changed from failing to meet medical/physical/
procurement standards to physical disability.

2.  The applicant essentially states that his characterization of service and narrative reason for separation are an injustice to him and his family which affects his job eligibility and status.  He also contends that his active duty service was honorable and requests that his characterization of service and narrative reason for separation be changed.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); page one of his Entrance Physical Standards Board (EPSBD) proceedings, dated 2 October 2006; and a VA Form 21-4138 (Statement in Support of Claim), dated 2 December 2008, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Regular Army on 15 September 2006.

2.  Although the facts and circumstances, i.e., his complete EPSBD proceedings, are not present in his official military personnel file (OMPF), a properly constituted DD Form 214 clearly shows that the applicant was discharged on 26 October 2006 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11 (Separation of personnel who did not meet procurement medical fitness standards), after completing only 1 month and 12 days of active duty service.  Item 24 (Character of Service) has an entry of "uncharacterized," and item 28 (Narrative Reason for Separation) has an entry of "failed medical/physical/procurement standards."  The applicant also provided page one of his EPSBD proceedings which essentially shows that his separation was recommended because he would not be able to handle the rigors of training based on his history of multiple hernia repairs which existed prior to his service.

3.  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.  Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 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 (Standards of Medical Fitness), 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.  Entry-level status is defined as the first 180 days of continuous active duty.

4.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his characterization of service should be changed from uncharacterized to under honorable conditions and that his narrative reason for separation should be changed from failing to meet medical/physical/
procurement standards due to physical disability.

2.  The applicant's contention that his characterization of service and narrative reason for separation are an injustice to him and his family was noted.  However, 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.

3.  It is understandable why the applicant would feel that his characterization of service should have been under honorable conditions.  However, while his complete EPSBD proceedings are not present in his OMPF, his DD Form 214 clearly shows that he only completed 1 month and 12 days of active duty service, his character of service was properly categorized as uncharacterized.  As the applicant failed to provide any evidence which shows that his discharge processing was not accomplished in accordance with applicable regulations, that any requirements of law and regulation were not met, or that his rights were not fully protected throughout the separation process, regularity must be presumed in this case.

4.  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.  The applicant may want to so inform any potential employers.

5.  The applicant's narrative reason for discharge was based on his separation under the provisions of paragraph 5-11, Army Regulation 635-200, for failing to meet medical/physical/procurement standards while in initial entry training and as his DD Form 214 correctly reflects this fact, there is also no basis for changing his narrative reason for separation.

6.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_____X___  ___X_____  ____X____  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.



      ____________X_____________
                 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)                                         AR20090001097



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ABCMR Record of Proceedings (cont)                                         AR20090001097



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