IN THE CASE OF:
BOARD DATE: 06 April 2010
DOCKET NUMBER: AR20090017028
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 the character of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1991 be changed from uncharacterized to honorable.
2. The applicant states, in effect, that he was unable to meet procurement medical fitness standards due to an injury he had that required lengthy treatment and rehabilitation. He states he was told his discharge was an "honorable medical" discharge. The applicant further states that he cannot be considered for Federal employment or receive Department of Veterans Affairs (DVA) benefits until his discharge is changed.
3. The applicant provides a memorandum from the DVA, dated 30 September 2007.
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 applicants 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 applicants 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 (RA) on 30 July 1991 and did not successfully complete basic training.
3. The applicant's service personnel records do not contain the facts and circumstances surrounding his separation process. However, his DD Form
214 shows he was discharged on 30 September 1991 under the provisions of paragraph 5-11 of Army Regulation 635-200 (Personnel Separations) by reason of "DID NOT MEET PROCUREMENT MED FITNESS STANDARD NO DISABILITY" with "UNCHARACTERIZED" service. The applicant completed
2 months and 1 day of creditable active service
4. The applicant's medical records are not available.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 5, paragraph 5-11, in effect at that time provided in pertinent part that an RA member may be separated for not meeting medical procurement standards if the condition is identified by appropriate medical authorities within 6 months of the Soldiers initial entrance on active duty.
6. Army Regulation 635-200 states that unless the reason for separation requires a specific characterization, a Soldier will be awarded an uncharacterized description of service if in an entry-level status. (For RA Soldiers, entry-level status is the first 180 days of continuous active service).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his uncharacterized discharge should be changed to honorable. However, the available evidence shows he was discharged under the provisions of chapter 5 of Army Regulation 635-200, by reason of failure to meet procurement medical fitness standards. An uncharacterized discharge merely means that the Soldier has not been in the Army long enough for his character of service to be rated as honorable or otherwise.
2. In the absence of evidence to the contrary, it is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, it is concluded that the applicant's discharge was proper and equitable.
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) AR20090017028
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