IN THE CASE OF:	  

		BOARD DATE:	    21 June 2011

		DOCKET NUMBER:  AR20100028153 


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 and the narrative reason for separation on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she was discharged due to medical reasons that were service connected.

2.  The applicant states, in effect, she had a service-connected injury that required surgery and mental counseling following her discharge from the U.S. Army Reserve (USAR).  Her injuries were caused by physical and environmental conditions that were documented while she was in the service.  She contends the injuries were shin splints, arthritis, and a Bartholin cyst.

3.  The applicant provides her post-service medical records in support of her 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 enlisted in the USAR on 4 August 2003.  She reported to active duty for one station unit training (OSUT) on 4 November 2003.

3.  Neither the applicant's medical records nor the complete facts and circumstances of her discharge were available for the Board's review

4.  However, her official military personnel file contains a DD Form 214 that shows she was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 11, on 5 December 2003, in the rank of private first class/E-3.  She was assigned a separation code of "JGA" and the narrative reason for separation is "Entry Level Performance and Conduct."  At the time of discharge, she had completed 1 month and 2 days of net active service.

5.  The applicant provides copies of her post-service medical records which show she received medical care and treatment for the following conditions:

* Hyperextension/hyperflexion injury to the neck
* Sprain/Strain to lumbar, thoracic, and knee
* Severe headaches, migraines
* Depression
* Numbness to extremities
* Pain in legs, feet, and joints
* Anteverted uterus

6.  Army Regulation 635-200 sets forth the basic policy for the separation of enlisted personnel.

	a.  Chapter 11 provides the policies and procedures for separating individuals who are in an entry level status (180 days or less) who cannot meet the minimum standards prescribed for successful completion of training due to a lack of aptitude, ability, motivation or self-discipline.

	b.  It provides that service under this provision will be uncharacterized unless the Secretary of the Army determines that a characterization of honorable is warranted by unusual circumstances involving personal conduct and performance of duty.

	c.  Paragraph 3-9 (Uncharacterized Separations) provides that a separation will be described as an entry level separation with service uncharacterized, if processing is initiated while a Soldier is in entry level status.  This document provides that entry-level status terminates 180 days after the Soldier's entry on active duty.

7.  Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides that the medical treatment facility commander with the primary care responsibility will evaluate those referred to him and will, if it appears as though the member is not medically qualified to perform duty or fails to meet retention criteria, refer the member to a medical evaluation board.  Those members who do not meet medical retention standards will be referred to a physical evaluation board for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service medical records were not available for review and the applicant provided no service medical records that show she should have been medically discharged.  In the absence to evidence to the contrary it is presumed that the applicant was discharged in accordance with applicable regulations and her rights were fully protected throughout the separation process.  Absent such evidence, regularity must be presumed in the discharge process.

2.  Further, the applicant did not complete 180 days of continuous active service prior to being discharged.  Therefore, her records are correct as currently constituted and there is no basis to change the applicant's character of service as requested.

3.  For the applicant's information, an uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means 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.  In view of the above, her request should be denied.

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)                                         AR20100028153



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ABCMR Record of Proceedings (cont)                                         AR20100028153



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