BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110008042
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was honorably discharged.
2. The applicant states, in effect:
* his NGB Form 22 (Report of Separation and Record of Service) shows he was honorably discharged
* he wants to reenter the military; he never wanted to leave
* he was rushed back because of his medical condition
* he served honorably
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the New York Army National Guard (NYARNG) on 24 November 2008. He was ordered to active duty for training (ADT) effective 18 February 2009.
2. The facts and circumstances surrounding the applicants release from ADT are not available. The DD Form 214 he received shows he was released from ADT and discharged from the Reserve of the Army, on 21 April 2009, under the provisions of Army Regulation 635-200, chapter 5-11, for failure to meet procurement medical fitness standards. His DD Form 214 also shows he completed 2 months and 4 days of net active service that is uncharacterized. He was transferred to the NYARNG.
3. Orders 135-1065, published by the Office of the Adjutant General Joint Force Headquarters discharged the applicant from the NYARNG and as a Reserve of the Army, effective 15 May 2009. These orders show his service was uncharacterized and the "Assignment/Loss Definition" was "Medical, Physical or Mental Condition Retention."
4. The NGB Form 22 the applicant was issued shows the applicant was honorably discharged and he completed 5 months and 22 days of net service this period.
5. On 2 March 2011, the Army Discharge Review Board denied the applicants petition to change the character of his service from uncharacterized to honorable.
6. Army Regulation 635-200 (Personnel Separations), provides in:
a. paragraph 5-11 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 entry on active duty may be separated. Such conditions must be discovered during the first 6 months of active service. Further, the regulation stipulates that Soldiers who are separated while in an entry level status and who are separated under the provision of paragraph 5-11, of this regulation, will receive an uncharacterized description of service;
b. paragraph 3-7a 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 applicants contentions have been noted.
2. He served in an active duty status 2 months and 4 days. In accordance with the applicable regulation, Soldiers who are separated while in an entry level status and who are separated under the provisions of paragraph 5-11, of Army Regulation 635-200, will receive an uncharacterized description of service.
3. Although his NGB Form 22 shows his character of service as honorable, his DD Form 214 appropriately shows his service as uncharacterized.
4. The applicant has not shown error or injustice in the character of service shown on his DD Form 214. In view of the foregoing, 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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