IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120001539 


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) as follows:

* Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) to show "PV2 (Private)/E-2" vice "PV1/E-1"
* Item 24 (Character of Service) to show "Honorable" vice "Uncharacterized"

2.  The applicant states he was being paid as an E-2 while in the service.  He would like to get military plates and an honorable discharge is required.  He was in perfect health when he went into the service.  His condition started close to the end of his advanced individual training (AIT).  His discharge stated the conditions started prior to his service but if that was the case he would not have been allowed to enlist.  He is receiving compensation from the Department of Veterans Affairs (VA). 

3.  The applicant provides:

* His DD Form 214
* DA Form 2-1 (Personnel Qualification Record)
* Medical Evaluation Board (MEB) Proceedings
* DA Form 3349 (Physical Profile)
* Standard Form 509 (Progress Notes)
* DA Form 5893-R (PEBLO Counseling Checklist/Statement)
* ATZJ-RCS Form 325 (U.S. Army Reserve (USAR) and National Guard Liaison Counseling Form)
* Two pages of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* DD Form 1966 (Record of Military Processing - Armed Forces of the United States
* Two orders
* Two memoranda
* A Leave and Earnings Statement (LES)
* A letter
* Two VA Rating Decisions

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's records show he enlisted in the USAR in the rank of PV1 on 21 April 1992.  He entered initial active duty for training (IADT) on 21 August 1992.

3.  He completed basic training at Fort Jackson, SC, and on 23 October 1992 he was assigned to the 369th Adjutant General Battalion, 4th Training Brigade, Fort Jackson, SC, for AIT.

4.  On 20 November 1992, he was taken to the emergency room at Moncrief Army Community Hospital, Fort Jackson, SC, by unit personnel because of his increasing periods of isolation, feelings that no one wanted him, and his crying on several occasions for no apparent reason.  The unit personnel also noted that he seemed to become increasingly confused, was unable to follow instructions, and was disorganized with recurrent comments that he was hearing voices.

5.  He was transported to Eisenhower Army Medical Center (EAMC), Fort Gordon, GA, admitted, and diagnosed with acute schizophreniform disorder manifested by marked auditory hallucinations and visual hallucinations, marked work dysfunction, marked social isolation, and stress.  He was also found to have elevated cholesterol which was treated and microcytic anemia, secondary to alpha thalassemia.  His medical condition was found to prevent him from performing his military duties.

6.  On 17 February 1993, he was assigned to the Medical Holding Company, EAMC, pending evaluation by an MEB.

7.  On 3 March 1993, an MEB convened at Fort Gordon, GA, and confirmed his unfitting conditions of acute schizophreniform disorder manifested by marked auditory hallucinations and visual hallucinations, marked work dysfunction, marked social isolation, and stress; elevated cholesterol, treated; and microcytic anemia, secondary to alpha thalassemia.  His schizophreniform disorder was found to have existed prior to service (EPTS).  The MEB recommended his separation under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 5, by reason of physical disability incurred EPTS.  

8.  On 10 March 1993, the applicant requested an expeditious discharge for physical disability.  He acknowledged that he was informed that based on the findings and the recommendations of the MEB he was considered unfit for military service by reason of physical disability that was EPTS and was neither incident nor aggravated by military service.  He further acknowledged that if his separation were approved, he would be separated by reason of physical disability that was EPTS and would receive a discharge commensurate with the character of his service.

9.  On 16 March 1993, the separation authority approved the applicant's discharge in accordance with Army Regulation 635-40, chapter 5.  On 17 March 1993, the applicant was discharged accordingly.

10.  The DD Form 214 he was issued shows he was discharged in the rank/grade of PV1/E-1 under the provisions of Army Regulation 635-40, chapter 5, by reason of physical disability that was EPTS.  He completed 6 months and 27 days of creditable active service.

11.  Item 18 of his USAR DA Form 2-1 contains an entry that shows he was promoted to PV2 by the USAR on 21 February 1993.

12.  His records contain a USAR advancement eligibility status roster that shows the applicant was advanced to the rank of PV2 on 21 February 1993.  

13.  Army Regulation 635-40 establishes the Army Physical Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  It provides for MEB's which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention based on the criteria in chapter 3 of Army Regulation 40-501.

14.  Chapter 5 of Army Regulation 635-40, in effect at the time of the applicant's discharge, provided the procedures for the expeditious discharge for disabilities that were EPTS.  It provided that when an enlisted member on active duty was believed to be incapable of performing his or her duties with reasonable effectiveness because of a disability, which was believed not to have been aggravated during any period of active service, the commander concerned would initiate action to request a physical examination.  The medical examination would be forwarded to a medical board for use in consideration of the case and a medical board evaluation would be accomplished.  When the medical board recommended a member's separation because of medical unfitness which existed prior to entry into military service, the medical treatment facility commander would cause the member to be offered the opportunity for expeditious separation, if he or she was otherwise eligible.

15.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 3, describes the different types of characterization of service.  The version of the regulation in effect at the time stated that an uncharacterized separation is an entry-level separation.  A separation is described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized.  For Soldiers ordered to IADT, entry-level status terminates 180 after beginning training.

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It states in items 4a and 4b enter active duty grade of rank and pay grade at the time of separation.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was promoted to the rank of PV2 by his USAR unit on 23 February 1993.  It appears this information may not have been relayed to his active duty unit and his records were not updated to reflect his promotion.  Therefore, his DD Form 214 should be corrected to show his rank/grade as PV2/E-2.

2.  The evidence of record shows the applicant's separation action was initiated prior to his completing 180 days of IADT.  As he was still in an entry-level status at that time, he correctly received an uncharacterized character of service.  

3.  The ABCMR does not grant requests for a change in the character of service solely for the purpose of making the applicant eligible for veterans or other benefits.  

4.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated as honorable or otherwise.  As a result, there is no basis for granting the applicant's request for an honorable discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entries in items 4a, 4b, and 12h (Effective Date of Pay Grade) of his DD Form 214 and replacing them with the entries "PV2," E-2," and “93 02 21.”

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the characterization of his service to honorable.



      _______ _   __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)                                         AR20120001539





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ABCMR Record of Proceedings (cont)                                         AR20120001539



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