IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110009678 


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 reconsideration of an earlier request that her U.S. Army Reserve (USAR) discharge be changed from uncharacterized to honorable.

2.  The applicant states:

* She is providing Department of Veterans Affairs (DVA) documentation which shows she was sent to x-ray and sick call the last week of advanced individual training (AIT) that prevented her from finishing and graduating from AIT
* She should have been placed on convalescent leave until she could finish AIT, instead she was told she was being sent home
* New information establishes a timeline and shows she completed basic training and she was 6 days from AIT graduation
* She was on medical hold during the last 6 days which prevented her from finishing on time
* According to the file, there was no indication of EPTS [existed prior to service]

3.  The applicant provides:

* Entrance Physical Standards Board (EPSBD) Proceedings
* Active Duty Report
* VA Form 21-6796 (VA Rating Decision)
* Letters, dated 13 October 2011 and 7 July 2011, from a Member of Congress
CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100024458, on 7 April 2011.

2.  The documentation provided by the applicant is new evidence that will be considered by the Board.

3.  The applicant provided EPSBD proceedings, dated 16 May 1986, which show she was diagnosed as having pes cavus (high arch), bilateral, symptomatic.  The EPSBD found the applicant medically unfit for enlistment in accordance with current medical fitness standards and determined her condition existed prior to service.  The EPSBD recommended the applicant's separation from the Army for failure to meet medical fitness standards.  

4.  She provided an Active Duty Report which shows she entered active duty on 4 March 1986 and her tour of duty terminated on 27 May 1986.

5.  She provided a VA Form 21-6796 which states:

* She was granted service connection for bilateral foot condition
* Her service medical records did not show any foot condition at her entrance into service but she was seen in May 1986 for bilateral pes cavus
* There is no evidence in her service medical records of any injury to either of her feet
* Pes cavus is considered to be a constitutional or developmental abnormality in the absence of any trauma to the feet
* This condition obviously existed prior to the applicant's entrance into the service and the evidence does not indicate that it has increased in severity in the service 

6.  The applicant enlisted in the USAR on 17 January 1986 for 8 years.  She was ordered to initial active duty for training for approximately 17 weeks and 3 days or completion of basic and AIT.  She entered active duty on 4 March 1986.  She completed basic training.  She reported to AIT on 10 May 1986.  There is no evidence of record that shows she completed AIT.



7.  All the facts and circumstances surrounding her discharge from the USAR are not present in the available records.  However, orders, dated 21 May 1986, show she was discharged from the USAR with an uncharacterized discharge effective 27 May 1986.

8.  Army Regulation 135-178 (Army National Guard and USAR Enlisted Administrative Separations) states that for the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.  It provides that separation will be described as an entry-level separation with service uncharacterized if processing is initiated while a Soldier is in an entry-level status.  It further states a member of a Reserve component who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve Component.  Entry-level status for such a member of a Reserve Component terminates as follows:

	a.  180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more or

	b.  90 days after beginning the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.

DISCUSSION AND CONCLUSIONS:

1.  She contends there was no indication her foot condition EPTS.  However, she provided her EPSBD proceedings which indicate in 1986 the EPSBD found her medically unfit for enlistment in accordance with current medical fitness standards and determined her foot condition existed prior to her entry into military service.  She also provided DVA documentation which states her foot condition obviously existed prior to her entrance into the service.

2.  The governing regulation states a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in an entry level status.  The applicant was in an entry level status when she was discharged from the USAR on 27 May 1986.  Therefore, her characterization of service was appropriately determined to be uncharacterized.  

3.  An entry level status (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 honorable or otherwise.  

4.  In view of the foregoing, 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 to amend the decision of the ABCMR set forth in Docket Number AR20100024458, dated 7 April 2011.



      _______ _   _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)                                         AR20110009678





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ABCMR Record of Proceedings (cont)                                         AR20110009678



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