IN THE CASE OF:	  

		BOARD DATE:	  21 May 2013

		DOCKET NUMBER:  AR20120017465 


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 her uncharacterized discharge be upgraded to an honorable or medical discharge.  

2.  The applicant states she believes she deserves a characterization of her discharge.  She was discharged due to a medical condition.

3.  The applicant provides excerpts from her military records provided by the National Personnel Records Center in St. Louis, MO.

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.  On 24 August 1989, she enlisted in the U.S. Army Reserve (USAR).  She was ordered to Fort Dix, NJ, for initial active duty for training (IADT) on 25 June 1990. She did not complete basic combat training.  

3.  A Standard Form 558 (Emergency Care and Treatment), dated 30 June 1990, documented treatment for bronchitis.  It was also noted on the form that she had had problems with asthma since childhood.

4.  A Standard Form 513 (Consultation Sheet), dated 13 July 1990, indicated the applicant suffered from asthma, exacerbated by exercise and hot weather.  It was also noted she had a heart murmur.

5.  A DA Form 3340 (Physical Profile), dated 13 July 1990, assigned her a T3 profile under physical capacity for asthma.  

	a.  Her limitations were no crawling, stooping, running, jumping, marching, or standing for long periods.  No mandatory strenuous physical activity.  No assignment requiring handling of heavy materials including weapons.  No overhead work, no pull-ups or pushups.  

	b.  Additional limitations included no assignment to a unit where sudden loss of consciousness would be dangerous to self or others, such as work on scaffolding, handling ammunition, vehicle driving, or work near moving machinery.

6.  Her Entrance Physical Standards Board (EPSBD) proceedings were not available for review.

7.  On 31 July 1990, she was discharged by reason of not meeting procurement medical fitness standards, no disability.  She completed 1 month and 6 days of active service that was uncharacterized.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

9.  Army Regulation 635-200 (Personnel Separations-Enlisted Personnel) provides the basic authority for the separation of enlisted personnel.  

	a.  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.  Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the USAR Soldier's active duty for training (ADT) for initial entry training (IADT) which:

		(1)  Would have permanently or temporarily disqualified him or her for entry into the military service or entry on ADT for IADT had it been detected at that time.

		(2)  Does not disqualify him or her for retention in the military service under the provisions of Army Regulation 40-501, chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement).

	b.  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.

	c.  The Glossary defines entry level status for USAR Soldiers as the period from enlistment in the USAR until 180 days after beginning training for those Soldiers ordered to IADT for one continuous period.  

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record it is probable that she did not meet procurement medical fitness standards due to her asthma.

2.  Although her EPSBD proceedings were not available, it is presumed that the Army's administrative processing of the applicant for discharge is correct.  In order to be processed for discharge under the provisions of paragraph 5-11 of Army Regulation 635-200, it must be presumed she was found to meet retention standards.  Therefore, she was not eligible for a medical discharge.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

3.  In the absence of evidence to the contrary, it is determined that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Further, it is determined that the type of discharge and the reason for separation were appropriate considering the available facts of the case.

4.  An uncharacterized discharge is neither positive nor negative.  It simply means the Soldier did not serve on active duty long enough to qualify for a specified characterization of service.  

5.  She had been on active duty for less than 180 days since the beginning of her IADT.  Therefore, the applicant was still in an entry level status and the uncharacterized discharge she received is correct and in accordance with the regulation.  

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)                                         AR20120017465



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ABCMR Record of Proceedings (cont)                                         AR20120017465



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