IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120010381 


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 his uncharacterized discharge be upgraded or corrected to show he received an honorable discharge.

2.  The applicant states he was medically discharged while in basic combat training.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Release from Active Duty (REFRAD) Order
* DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings)
* DA Form 2496 (Disposition Form)

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 military records are not available for review.  This case is being considered using his DD Form 214 and the evidence he provides.

3.  The DD Form 214 shows he entered active duty for training from the Army National Guard on 14 October 1985.  It also shows he never completed basic combat training and he was never awarded a military occupational specialty.

4.  A DA Form 4707 confirms an EPSBD met on 18 November 1985 to evaluate the applicant's fitness for service based on a pre-existing condition of hypertension.  The EPSBD found the applicant medically unfit for enlistment and as a result, recommended his separation under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-11, separation of personnel who did not meet procurement medical fitness standards.

5.  On 19 November 1985, the EPSBD's findings and recommendations were approved by the appropriate medical authority.  The applicant concurred with the findings of the EPSBD and requested to be discharged without delay.  

6.  On 22 November 1985, the applicant was REFRAD.  The DD Form 214 issued to the applicant confirms his service was described as "uncharacterized" and he was separated by reason of "did not meet procurement medical fitness standards – no disability."  It also shows that as of the date of separation he had completed 1 month and 9 days of creditable active military service.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-9 contains guidance on entry-level status (ELS) separations.  It states that a separation will be described as ELS and service described as "uncharacterized" if, at the time separation action is initiated, the Soldier has less than 181 days of continuous active service.

8.  Paragraph 5-11 of the same regulation provides that Soldiers who are 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, active duty for training, or initial entry training will be separated.  A medical proceeding conducted by an EPSBD, 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 the time of enlistment.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized (ELS) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action. 

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance and specific instructions for the preparation of the DD Form 214.  It states that a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

	b.  The instructions for items 24 and 28 are to enter the characterization/ description of service and narrative reason for separation based on the regulatory authority for separation and the approval of the separation authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his "uncharacterized" discharge be changed to an honorable was carefully considered.  However, the evidence of record confirms the applicant was separated while still in an entry-level status based on an EPTS medical condition after undergoing evaluation by a properly-constituted EPSBD.

2.  The evidence shows the EPSBD's findings and recommendations were approved by the appropriate medical authority and the applicant agreed with the board's findings and requested immediate discharge.  All requirements of law and regulation were met and the rights of the applicant were fully protected 
throughout the separation process.  As a result, the narrative reason for separation listed in item 28 of his DD Form 214 is appropriate.  Further, given the applicant was in an entry-level status, the uncharacterized service description in item 24 was also appropriate.  Therefore, there is an insufficient basis to support granting this portion of the requested relief.

3.  The applicant is advised that an "uncharacterized" discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not been in the Army long enough for the Soldiers character of service to be rated as honorable or otherwise.

4.  Based on the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20120010381



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ABCMR Record of Proceedings (cont)                                         AR20120010381



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