IN THE CASE OF: .
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120010915
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 description of service be changed to honorable.
2. The applicant states government agencies will not honor his DD Form 214 (Certificate of Release or Discharge from Active Duty) because it does not show his service was honorable.
3. The applicant provides no documentary evidence in support of his request.
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 applicants 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 applicants 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 record shows he enlisted in the Regular Army on 23 June 1986 and he was assigned to Fort Knox, Kentucky to attend basic combat training.
3. The applicant's record is void of the specific medical board documents related to his separation processing. It does contain memoranda from the applicants battalion commander and the separation authority, the brigade commander, Subject: Entrance Physical Standards Board (EPSB) Proceedings, and shows after reviewing the EPSBD proceedings the battalion commander recommended the applicants separation and the separation authority approved his separation action under the provisions of paragraph 5-11, Army Regulation 635-200 (Personnel Separations).
4. The record also contains a DD Form 214 that identifies the authority and reason for his discharge action. The DD Form 214 shows the applicant was discharged on 21 August 1986, by reason of "did not meet procurement medical fitness standards-no disability," under the provisions of paragraph 5-11, Army Regulation 635-200. It also shows he completed a total of 1 month and 29 days of active military service.
5. There is no indication the applicant petitioned the Army Discharge Review Board for change to the reason for or characterization of service within that boards 15-year statute of limitations.
6. Army Regulation 635-200 sets forth the authority for the separation of enlisted members from active duty.
a. Paragraph 3-9 contains guidance on Uncharacterized separations. It states, in pertinent part, that a separation will be described as an entry level separation (ELS) with service Uncharacterized if the Soldier has less than 181 days of continuous active military service.
b. Chapter 5 contains guidance on separation for the convenience of the government and paragraph 5-11 provides for the separation of personnel who do not meet procurement medical fitness standards. 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 entry on active duty or active duty for training may be separated. Such conditions must be discovered during the first 6 months of active duty. Such findings will result in an Entrance Physical Standards Board. It further stipulates that unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status (ELS).
DISCUSSION AND CONCLUSIONS:
1. The applicants request to change the characterization of his service to honorable has been carefully considered. However, there is insufficient evidence to support this claim.
2. The applicant's record is void of the Entrance Physical Standards Board proceedings. However, it does contain memoranda from his unit commander and battalion commander that confirm the applicant underwent processing by an EPSB and that it was determined he did not meet procurement medical fitness standards.
3. The applicant's record also contains a DD Form 214 that confirms the authority and reason for his separation, and that he was separated within
180 days of his entry on active duty while in an ELS. As a result, the uncharacterized description of service assigned to the applicant at the time of discharge was proper and in accordance with the applicable regulation. Absent any evidence of error or injustice in the separation process, there is an insufficient evidentiary basis to support granting the requested relief.
4. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.
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) AR20120010915
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120010915
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080017992
Application for correction of military records (with supporting documents provided, if any). On 5 December 1988, the separation authority approved the applicant's discharge under the provisions of paragraph 5-11, Army Regulation 635-200 (Personnel Separation Enlisted Personnel), by reason of failure to meet medical fitness standards, with an uncharacterized description of service. The evidence of record confirms that the applicant was separated while in an ELS as a result of not meeting...
ARMY | DRB | CY2000 | 2000038541
The Board being convinced that the reason for the discharge and the characterization of service were both proper and equitable, the Board voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A -...
ARMY | DRB | CY2013 | AR20130003564
On 26 January 2013, the separation authority directed the applicants discharge with a characterization of service listed as uncharacterized. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Entrance Physical Standards Board (EPSB) Proceedings dated, 18 January 2013. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable.
ARMY | DRB | CY2013 | AR20130007889
Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 30 March 2004, for a period of 4 years. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a copy of his basic training and medical records, including the front page of DA Form 4707, dated 26 August 2004; DD Form 214 for service under current review; and his discharge orders. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable.
ARMY | DRB | CY2013 | AR20130011179
On 27 March 2013, the separation authority directed the applicants discharge with a characterization of service of an uncharacterized discharge. Army Regulation 635-200 states that a Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.
ARMY | DRB | CY2000 | 2000049166
The Board being convinced that the reason for the discharge and the characterization of service were both proper and equitable, the Board voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A -...
ARMY | DRB | CY2007 | AR20070018460
Applicant Name: Application Receipt Date: 2007/12/04 Prior Review: Prior Review Date: NA I. Facts and Circumstances: The evidence of record shows that on 29 October 2004, the unit commander notified the applicant of initiation of involuntary separation action under the provisions of Chapter 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized discharge. Army Regulation 635-200 states that a soldier is in an entry-level status if the...
ARMY | DRB | CY2008 | AR20080020022
Facts and Circumstances: The evidence of record shows that on 27 August 1996, after careful consideration of medical records, laboratory findings, and medical examinations, the Entrance Physical Standards Board (EPSB) found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards. On 17 September 1996, the separation authority directed that the applicant be discharged with an uncharacterized separation of service. A fully honorable...
ARMY | DRB | CY2013 | AR20130010895
A counseling statement, dated 11 September 2012, for failing to meet procurement medical fitness standards and that the medical condition existed prior to service. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldiers initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service...
ARMY | DRB | CY2013 | AR20130007514
Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army National Guard on 11 April 2012, for a period of 8 years. Paragraph 5-11 specifically provides that 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 entry on active duty or active duty training or initial entry training will be separated. Soldiers being processed for separation...