IN THE CASE OF:	  

		BOARD DATE:  23 August 2012

		DOCKET NUMBER:  AR20120002452 


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 change of her uncharacterized character of service to an honorable discharge.

2.  The applicant states she would like an accurate account of her respectable service to her country.

3.  The applicant provides a copy of 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 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 enlisted in the U.S. Amy Reserve (USAR) on 4 February 1988.
3.  On 13 October 1988, she entered Initial Active Duty for Training (IADT) at Fort Jackson, SC.

4.  The applicant's record is void of the specific facts and circumstances surrounding her discharge.  However, her record contains a:

	a.  memorandum from the applicant's company commander, subject:  Trainee Medical Retention Board, to the battalion commander, dated 19 December 1988, wherein he states he personally counseled the applicant regarding the options in this action.  The applicant elected to request separation.  The reasons for him recommending separation was the applicant elected to be retained on active duty; however, she later changed her mind and elected immediate separation.  He further states the applicant lost all desire to become a productive Soldier and any attempts to train/retain her would not be beneficial to her or the U.S. Army.  On 19 January 1989, the battalion commander recommended the applicant be separated.

	b.  an undated self-authored letter with a return address of her then home address.  The salutation simply reads, "Dear Sir."  The applicant stated in essence that she believed the "diagnosed condition (Graves Disease)" had been aggravated by the stress of training, but that it was also treatable.  She stated she did not wish to be discharged from the Army Reserve and wrote, "I ask that you reconsider your decision…."

5.  On 31 January 1989, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, by reason of did not meet procurement medical fitness standards, with service uncharacterized.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Paragraph 5-11, in effect at the time, states 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 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 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 that the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army 


Regulation 40-501 (Medical Fitness Standards), chapter 3.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.

	b.  Paragraph 3-7a states 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.

	c.  Paragraph 3-9 provides that if processing is initiated while a Soldier is in entry-level status, separation will be described as entry-level and uncharacterized, unless:

* an under other than honorable conditions discharge is authorized and warranted
* U.S. Army Human Resources Command (HRC) determines that an honorable separation is warranted by unusual circumstances

7.  Army Regulation 15-185 sets forth the policy and procedures for the ABCMR.  Paragraph 2-9 provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  There were no unusual circumstances warranting an honorable discharge.  The uncharacterized entry-level status separation was the only character of service the applicant could have received based on the authority and reason for her separation.

2.  The applicant provided no evidence with which to overcome the presumption of administrative regularity.

3.  An 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 for an honorable discharge.


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)                                         AR20120002452



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ABCMR Record of Proceedings (cont)                                         AR20120002452



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