IN THE CASE OF:	  

		BOARD DATE:	  4 February 2010

		DOCKET NUMBER:  AR20090016322 


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, correction to item 4a (Grade, Rate or Rank), item 4b (Pay Grade), item 24 (Character of Service), and Item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he should have been advanced to the rank/grade of specialist (SPC)/E-4 based on his education, training and completion of drills/physical training while on active duty.  He further states his service should have been characterized as "honorable" instead of being described as "uncharacterized" and the narrative reason for his separation should have been medical condition because his discharge was due to injuries he incurred in the line of duty.

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's Official Military Personnel File (OMPF) contains a DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) that shows he initially enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 12 October 2007 for a period of 8 years.  He was subsequently discharged from the USAR DEP and he enlisted in the Regular Army (RA) on 22 October 2007 for a period of 3 years.  His record shows he 

never completed basic combat training and he was never awarded a military occupational specialty (MOS).

2.  A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) on file confirms an EPSBD met on 13 December 2007 to evaluate the applicant's fitness for service based on a pre-existing condition of anterolisthesis L5-S1, symptomatic.  The EPSBD found the applicant medically unfit for induction based on this condition that existed prior to service (EPTS).  As a result, the EPSBD recommended the applicant be separated under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 5, based on his EPTS medical condition.

3.  On 27 February 2008, the EPSBD's findings and recommendations were approved by the appropriate medical authority.  On 3 March 2008, the applicant concurred with the findings of the EPSBD and requested to be discharged without delay.  On 18 March 2008, the applicant was discharged accordingly.

4.  The DD Form 214 issued to the applicant shows in items 4a and 4b he held the rank/grade of private (PV1)/E-1 on the date of his discharge.  Item 24 contains an entry confirming his service was described as "uncharacterized" and item 28 contains an entry confirming he was separated by reason of "failed medical/physical procurement standards."  It also shows that as of the date of his separation, he had completed a total of 4 months and 27 days (147 days) of active military service.

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-9 contains guidance on entry-level status (ELS) separations.  It states, in pertinent part, that a separation will be described as ELS and service described as "uncharacterized" if, at the time separation action is initiated, the Soldier has less than 181 days of continuous active duty service.

6.  Paragraph 5-11 of the same regulation provides, in pertinent part, that Soldiers who are not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty, active duty for training, or initial entry training will be separated.  A medical proceeding conducted by an EPSBD, 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 the time of enlistment.  The characterization of service for Soldiers separated under this provision will normally be honorable, but 
will be uncharacterized (entry-level status) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action.  (Emphasis added)

7.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions functions of the military personnel system.  Paragraph 2-3 states advancement to the rank/grade of private (PV2)/E-2, private first class (PFC)/E-3, and SPC/E-4 will be made automatically by the Total Army Personnel database for posting to the automated personnel file once a member has completed the established time in service and/or time in grade requirements for automatic advancement unless advancement is denied for cause by the commander.  The regulations stipulates that the eligibility criteria for automatic advancement to PV2/E-2 is 6 months time in service, automatic advancement to PFC/E-3 requires completion of 12 months time in service, and automatic advancement to SPC/E-4 requires completion of 24 months time in service and 6 months time in grade.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

9.  Chapter 2 contains guidance and specific instructions for the preparation of the DD Form 214.  It states, in pertinent part, that a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The instructions for entering rank and pay grade state to enter the active duty grade or rank and pay grade at the time of separation, as taken from the records.  The instructions for items 24 and 28 are to enter the characterization/description of service and narrative reason for separation based on the regulatory authority for separation and the approval of the separation authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his "uncharacterized" discharge be changed to an honorable discharge and that the narrative reason for his separation be changed to medical condition was carefully considered.  However, the evidence of record confirms that the applicant was separated while still in an ELS status based on an EPTS medical condition after undergoing evaluation by a properly-constituted EPSBD.


2.  The evidence shows the EPSBD's findings and recommendations were approved by the appropriate medical authority and the applicant agreed with the board's findings and requested immediate discharge.  All requirements of law and regulation were met and the rights of the applicant were fully protected 
throughout the separation process.  As a result, the narrative reason for separation listed in item 28 of his DD Form 214 is appropriate.  Further, given the applicant was in an ELS status, the uncharacterized service description in item 24 was also appropriate.  Therefore, there is an insufficient basis to support granting this portion of the requested relief.

3.  The applicant is advised that 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.  

4.  The applicant's contention that he should be advanced to the rank/grade of SPC/E-4 was carefully considered.  However, by regulation in order to qualify for automatic advancement to SPC/E-4, a Soldier must have completed 24 months time in service and 6 months time in grade.  Therefore, given the applicant did not complete training and he was never awarded an MOS, and the fact he completed less than 5 months of active duty service, he was not eligible for advancement beyond the rank/grade of PV1/E-1 that he held at the time of his discharge.

5.  Based on the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20090016322



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ABCMR Record of Proceedings (cont)                                         AR20090016322



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