BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20100029704
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 her discharge be upgraded to honorable.
2. The applicant states a mistake was made.
3. The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 for 2 years and 23 weeks on 14 November 1991. She was sent to Fort Jackson, SC for initial entry training.
3. The circumstances surrounding the applicant's discharge are not contained in her official military personnel file (OMPF). There is a 1st and 2nd endorsement to a memorandum with the subject: Trainee Medical Retention Board. The endorsements are dated 9 and 11 January 1992 and indicate the applicant was advised of her options regarding retention or separation and elected discharge.
4. There is a completed DD Form 214, signed by the applicant, which states she was discharged under the provisions of Army Regulation 635-200, paragraph
5-11, by reason of failure to meet procurement medical fitness standards no disability. She served from 14 November 1991 through 24 January 1992, a period of 2 months and 11 days. Her discharge was "uncharacterized."
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. Paragraph 5-11 (Separation of personnel who did not meet procurement medical fitness standards) of the regulation then in effect stated 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 entry on AD [active duty] or ADT [active duty training] for initial entry training, will be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the Soldier's initial entrance on AD which would have permanently or temporarily disqualified him or her for entry into the military service or entry on AD or ADT for initial entry training had it been detected at that time, and which does not disqualify him or her for retention in the military service.
b. Paragraph 3-9 (Uncharacterized separations) stated an entry level status separation will be described as uncharacterized if processing is initiated while a Soldier is in entry level status. Entry level status was defined for RA Soldiers as the first 180 days of continuous AD.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests an honorable discharge.
2. The applicant was discharged on 24 January 1992 after serving only 72 days. Because she was in an entry level status, her discharge was uncharacterized.
3. An entry level status (uncharacterized) discharge is not meant to be a negative reflection of a Soldiers 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.
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) AR20100029704
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100029704
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140006838
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was honorably separated from the Army with a medical discharge. 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. Chapter 3 (Character of Service/Description of Service),...
ARMY | BCMR | CY2012 | 20120017465
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. 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. a. Paragraph 5-11 specifically provides...
ARMY | BCMR | CY2011 | 20110004547
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The record shows he was not separated at that time. (2) Does not disqualify him or her for retention in the military service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3. b. Paragraph 5-1 of the version in effect at the time stated unless the reason for separation required a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of...
ARMY | BCMR | CY2012 | 20120017743
The applicant requests correction of the characterization of her service from "uncharacterized" to "honorable." After careful consideration of medical records, laboratory findings, and medical examination, the board found that the applicant was medically unfit for appointment or enlistment in accordance with current medical fitness standards and the condition(s) existed prior to service in the opinion of the evaluating physicians. Paragraph 5-11 states Soldiers who were not medically...
ARMY | BCMR | CY2009 | 20090016518
There were no medical records available to the Board and the applicant did not provide any medical records. The applicant states that she was diagnosed as having rhabdomyolysis and was told that her medical condition existed prior to service. In this case, the applicant has failed to provide sufficient creditable evidence to rebut this presumption.
ARMY | BCMR | CY2009 | 20090002665
The evaluating physician recommended on the DA Form 4707 that the applicant should be separated for not meeting the entrance standards of Army Regulation 40-501 (Standards of Medical Fitness). A medical proceeding conducted by an entrance physical standards board (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...
ARMY | BCMR | CY2013 | 20130019024
The EPSBD found that the applicant had an unstable left knee and accordingly recommended her separation from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 5-11, separation of personnel who did not meet procurement medical fitness standards. 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...
ARMY | BCMR | CY2009 | 20090016485
The applicant's record shows she enlisted in the U.S. Army Reserve and entered active duty on 21 May 2002. The applicant's DD Form 214 shows she was discharged on 13 June 2002 under the provisions of chapter 5, Army Regulation 635-200 (Active Duty Enlisted Administration Separations), for a disability that existed prior to service with uncharacterized service. Although the applicant states that she no longer has asthma, she has provided no evidence to show that an RE code 3, which...
ARMY | BCMR | CY2013 | 20130020049
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * show her prior service * upgrade her uncharacterized discharge * change the narrative reason for separation 2. As a result, in the absence of a breakout of her USNR active and inactive service, there is insufficient evidence to correct her Army DD Form 214 to show her prior Navy service. d. Her narrative reason for separation was assigned based on the fact that she was...
ARMY | BCMR | CY2013 | 20130008441
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, active duty for 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...