IN THE CASE OF:

		BOARD DATE: 13 September 2012

		DOCKET NUMBER:  AR20120004635 


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 that her "uncharacterized" service be changed to honorable service.

2.  The applicant states she served honorably with the best intentions to succeed.  She feels she deserves nothing less than an honorable discharge.

3.  The applicant provides:

* DD Form 293 (Application for Review of Discharge from the Armed Forces of the United States), dated 2 November 2005
* Columbia, SC, newspaper article concerning Lead in Drinking Water
* Fort Jackson Sick Slips and Chronological Records of Medical Care dated between 18 August and 7 November 2005
* Physical Fitness Assessment Scorecard
* second page of a Department of Veterans Affairs Form 21-526
* ten pages of handwritten documents concerning her situation in the Army
* two undated, memoranda, subject:  Counseling and Processing Procedures for Existed Prior to Service (EPTS) Medical Records
* undated, Self Referral for Mental Health Evaluation
* a counseling record, dated 15 September 2005, pertaining to the battalion chaplain




CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 August 2005.  She did not complete training and was not awarded a military occupational specialty.

2.  The applicants provided copies of:

	a.  sick slips and various records showing she visited the Troop Medical Clinic for medical issues on approximately 17 occasions between 18 August and 
7 November 2005; and

	b.  several handwritten documents relating to her situation in the Army.  Many of the pages are unreadable and/or rambling. 

3.  The applicant's discharge processing documentation is not available.  However, her DD Form 214 shows she was administratively discharged on 
21 November 2005 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11.  The narrative reason for separation is:  "Failed Medical/Physical Procurement Standards."  Her character of service is:  "Uncharacterized."  She completed 3 months and 6 days of active service.

4.  On 19 October 2009, the Army Discharge Review Board (ADRB) determined that her discharge was proper and equitable.  The ADRB denied her request to change her character of service and and/or her narrative reason for discharge. 

5.  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 determines that an honorable separation is warranted by unusual circumstances

6.  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 the issuance of an honorable discharge.  The uncharacterized entry-level status separation was the only character of service the applicant was authorized based on the authority and reason for her discharge action.

2.  The applicant provided no evidence 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 the Solder has not been in the Army long enough for the Soldier's character of service to be rated as honorable or otherwise.

4.  The regulations governing the Board's operation require that the discharge process must be presumed to have been in accordance with applicable laws and regulations unless the applicant can provide evidence to overcome that presumption.

5.  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)                                         AR20090003545



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ABCMR Record of Proceedings (cont)                                         AR20120004635



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