IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110005110
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 his uncharacterized discharge be changed to honorable and his narrative reason for separation be changed to a medical discharge.
2. The applicant states he was injured during basic training and was discharged for inability to continue the course of instruction. He contends he was not properly discharged.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), effective 2 April 2002.
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 on 15 November 2001. He was assigned to Fort Jackson, SC for basic training.
3. Neither his medical records nor the complete facts and circumstances of his discharge are available for the Board's review; however, his official military personnel file contains a DD Form 214 that was completed at the time of discharge.
4. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), Paragraph 5-11, on 2 April 2002, in the rank of private/E-1. He was assigned a separation code of "JFW" and the narrative reason for separation is "Failure to Meet Procurement Medical Fitness Standards." At the time of his discharge, he had completed 4 months and 14 days net active service.
5. Army Regulation 635-200 sets forth the basic policy for the separation of enlisted personnel. Paragraph 5-11 provides that:
a. 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.
b. 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, chapter 3.
c. 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. Army regulations state a Soldier is in an entry level status if the Soldier has not completed more than 180 days of continuous active duty service prior to the initiation of separation.
6. 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 he should have been medically discharged. In the absence to evidence to the contrary, it is presumed he was discharged in accordance with applicable regulations and his rights were fully protected throughout the separation process.
2. Further, he did not complete 180 days of continuous active service prior to being discharged. Therefore, his records are correct as currently constituted and there is no basis to change his character of service or narrative reason for separation.
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 character of service to be rated as honorable or otherwise.
4. In view of the above, his 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.
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