IN THE CASE OF:	  

		BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120012885 


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 item 23 (Type of Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to honorable. 

2.  The applicant states:

* He was discharged under honorable conditions
* He was injured due to a fall during physical exercises and was discharged although he wanted to remain a Soldier
* The Department of Veterans Affairs (DVA) computer records show "HONORABLE DISCHARGE" but his DD Form 214 shows otherwise
* In order to participate in very limited VA activities that he qualifies for his DD Form 214 must reflect the same information as the VA computer records
* His separation was caused by an injury occurred while in basic training 

3.  The applicant provides:

* DD Form 214
* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
* Tennessee identification card




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 Regular Army on 6 July 1984 for a period of 
3 years.  

3.  A DA Form 4740 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 27 July 1984, shows he was diagnosed as having a bony cyst, left humerus, with old fracture, healed.  The EPSBD found him medically unfit for enlistment in accordance with current medical fitness standards and determined his condition existed prior to service.  The EPSBD recommended the applicant's separation from the Army for failure to meet medical procurement standards.  On 27 July 1984, he concurred with the proceedings and requested discharge from the U.S. Army without delay.  

4.  On 3 August 1984, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 
5-11, due to failure to meet procurement medical fitness standards - no disability.  He had served a total of 28 days of creditable active service.  His character of service was "ENTRY LEVEL STATUS."  

5.  Item 23 of his DD Form 214 shows the entry "DISCHARGED."

6.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  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 entrance on active duty or 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 the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty.

7.  Army Regulation 635-200, paragraph 3-7a, provides that 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.

8.  Army Regulation 635-5 (Separation Documents) states for item 23 (Type of Separation) enter the appropriate term listed below:

* Release from active duty
* Discharge
* Retirement
* Release from active duty and order to active duty in another status
* Release from active duty training (ADT)
* Release from custody and control of the Army
* Release from ADT and discharge from the Reserve of the Army and return to the Army National Guard

DISCUSSION AND CONCLUSIONS:

1. In 1984, an EPSBD found him medically unfit for enlistment in accordance with current medical fitness standards and determined that his left arm condition existed prior to his entry into military service.  The applicant concurred with these proceedings and requested to be discharged from the Army without delay.  

2.  Since he was discharged on 3 August 1984, his type of separation (discharge) is properly reflected in item 23 of his DD Form 214.  His character of service is properly shown as entry level status (currently identified as “uncharacterized”).

3.  An uncharacterized/entry level status 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 his or her character of service to be rated as honorable or otherwise.  As a result, there is no basis for granting the applicant's request.
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)                                         AR20120012885





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ABCMR Record of Proceedings (cont)                                         AR20120012885



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