BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120011357
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 to have his service be characterized.
2. The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was discharged but his service is shown as uncharacterized. He would like the DD Form 214 to reflect some type of characterization, whatever it might be.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the Regular Army on 28 October 1986.
3. The applicant's service medical records show he was treated or evaluated as follows:
a. in November 1986, for painful flat feet;
b. in December 1986, for the concern that he was underweight and not gaining weight despite being put on double rations; and
c. on 12 January 1987, for a pre-service joint replacement of his middle and ring fingers of his right hand this condition prevented him from performing several physical activities including doing pushups.
4. On 5 February 1987, it was recommended the applicant be separated under the provisions of 5-11 due to his medical problems. Other than the recommendation, the discharge processing document are not available for review.
5. The applicant was discharged on 18 February 1987 with 3 months and 21 days of active service. The narrative reason for separation is "Did not meet procurement medical fitness standards - no disability." His service is shown as uncharacterized.
6. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. It states that personnel 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 initial entry training, may be separated under paragraph 5-11. When a Soldier is released from active duty with less than 181 days of continuous active military service, he or she is considered to be released in an entry-level status and his or her service is shown as uncharacterized.
DISCUSSION AND CONCLUSIONS:
1. The applicant was found to be suffering from several preexisting medical conditions that were determined to show he did not meet entrance medical standards.
2. He was discharged with less than 181 days of active duty which puts him in an entry-level status and as such his service is shown as uncharacterized.
3. The uncharacterized designation of service shown on his DD Form 214 is not a derogatory entry. It simply means he did not serve on active duty long enough for his service to be rated.
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) AR20120011357
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ABCMR Record of Proceedings (cont) AR20120011357
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