IN THE CASE OF:
BOARD DATE: 19 May 2010
DOCKET NUMBER: AR20090019104
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 item 24 (Character of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to honorable.
2. The applicant states:
* the Texas Department of Public Safety Regulatory Licensing Service is requesting a copy of her DD Form 214 that states it is an honorable discharge for her concealed handgun license application
* she was told her medical discharge status is considered honorable
3. The applicant provides:
* a letter from the Texas Department of Public Safety
* DD Form 214
* DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings
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 27 August 1996 for a period of 4 years.
3. On 23 September 1996, an EPSBD diagnosed the applicant as having pes planus with plantar fasciitis (both feet) and left foot tibial posterum dysfunction. The EPSBD found the applicant medically unfit for enlistment in accordance with current medical fitness standards and determined that her condition existed prior to service. The EPSBD recommended that the applicant be separated from the Army for failure to meet medical procurement standards. On 30 September 1996, the applicant concurred with the proceedings and requested to be discharged from the U.S. Army without delay. The unit commander recommended discharge and the discharge authority directed that the applicant be discharged from the Army.
4. On 17 October 1996, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-11, due to failure to meet medical/physical/procurement standards. She had served 1 month and 21 days of creditable active service. Her service was uncharacterized.
5. Item 24 of her DD Form 214 shows the entry "uncharacterized."
6. 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 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. For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty.
7. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were noted. However, in 1996 an EPSBD found the applicant medically unfit for enlistment in accordance with current medical fitness standards and determined that her condition existed prior to her entry into military service. The applicant concurred with these proceedings and requested to be discharged from the Army without delay.
2. 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 a result, there is no basis for granting the applicant's request.
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) AR20090019104
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ABCMR Record of Proceedings (cont) AR20090019104
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