BOARD DATE:	  30 May 2013

		DOCKET NUMBER:  AR20120016574


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service was honorable.

2.  The applicant states:

   a.  while applying for United Services Automobile Association (USAA) insurance, he was informed that the receipt of an HD was required in order to be eligible for coverage; and
   
   b.  he is not indicating that the characterization of his discharge is in error, but only requesting it be amended to show he received an HD to allow his receipt of USAA insurance benefits.

3.  The applicant provides the following documents in support of his application:

* Self-authored statement
* Department of Veterans Affairs (VA) letter dated 1 August 2012
* DD Form 214
* USAA email dated 19 June 2012 (2 pages)

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 show he enlisted in the Regular Army (RA) on 16 September 1987.  On 20 October 1987, during basic training, a Medical Evaluation Board (MEB) referred him to the Physical Evaluation Board (PEB) based on:

* "Guillain-Barre's syndrome, probably viral etiology"
* "Myositis, resolving, probably related to Diagnosis #1"

3.  On 27 October 1987, a PEB, located in Fort Gordon, found the applicant physically unfit for duty and recommended his separation from the service with a combined rating of 10 percent.  The applicant concurred with the PEB's findings on 28 October 1987, and the Secretary of the Army approved the PEB's findings and recommendation on 30 October 1987.

4.  On 3 December 1987, the applicant was discharged from active duty under the provisions of Army Regulation 635-40, paragraph 4-24e(3) by reason of physical disability with severance pay.  

5.  The applicant's DD Form 214 he was issued at that time shows he completed 2 months and 18 days of creditable active military service.  Item 24 (Character of Service) contains “Entry Level Status.”

6.  Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  Paragraph 4-24b(3) of this regulation provides for the separation of a member for physical disability with severance pay when the final decision is directed by the U.S. Army Physical Disability Agency (USAPDA).

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-7(a) states that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the soldier’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.  Only the honorable characterization may be awarded a Soldier upon completion of his or her period of enlistment or period for which called or ordered to active duty or active duty for training (ADT), or where required under specific reasons for separation, unless an entry level status separation (uncharacterized) is warranted.

8.  Army Regulation 635-200 states a separation will be described as entry-level with service uncharacterized if at the time separation, the Soldier has less than 180 days of continuous active duty service.  At the time, “Entry Level Status” was used instead of “Uncharaterized.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 issued on 16 September 1987 should be corrected to show the entry “honorable” instead of “Entry Level Status."

2.  By regulation, a separation will be described as entry-level with service uncharacterized if at the time of separation the Soldier has completed less than 180 days of continuous active duty service.  The evidence of record confirms the applicant was separated from active duty under the provisions of paragraph 4-24e(3), Army Regulation 635-40, by reason of physical disability with severance pay, and that he served on active duty 2 months and 18 days, which is less than 180 days.  Thus, the applicant's service is properly described as “Entry Level Status” in accordance with the applicable regulation, and there is an insufficient evidentiary basis to support granting the 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.


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)                                         AR20120016574



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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