BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20120021307 


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 the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 July 1990 to show "honorable" instead of "uncharacterized."

2.  The applicant states during basic training he reinjured a pre-existing injury to his right ankle initially sustained while playing sports in high school.  This injury prevented him from successfully completing training.  He fully participated in training and performed honorably.  He is requesting this change because he feels the "uncharacterized" service calls into question his character for circumstances that were beyond his control.

3.  The applicant provides a self-authored statement.

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 3 May 1990, he enlisted in the Regular Army.  He did not complete initial entry training.

3.  A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 28 June 1990, shows after careful consideration of medical records, laboratory findings, and medical examination, the board found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the conditions existed prior to service.

	a.  The applicant had complained of a chronic weak painful right ankle in the first week of training.  He had stated that he had been treated with an ankle brace, nonsteroidal anti-inflammatory drugs, and a profile with no relief.  The applicant had stated he could not run or perform training duties.  The prognosis was that he was unable to perform his assigned military duties due to instability of his right ankle.  He was diagnosed with chronic instability in his right ankle.  It was determined that the applicant did not meet medical fitness standards for enlistment under the provisions of paragraph 2-10b(9) of Army Regulation 
40-501 (Standards of Medical Fitness) and that he did meet retention standards under the provisions of Army Regulation 40-501, chapter 3.  It was recommended he be separated under the provisions of paragraph 5-11 of Army Regulation 635-200.

	b.  This form further shows he was informed of the medical findings, he concurred with the proceedings, and he requested to be discharged from the U.S. Army without delay.  This form also shows he was approved for discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11 (failure to meet procurement medical fitness standards). 

4.  Accordingly, on 23 July 1990, he was discharged from active duty.  He completed 2 months and 21 days of active service during this period.  His DD Form 214 for this period of service shows his characterization of service as "uncharacterized"; a separation authority of  Army Regulation 635-200, paragraph 5-11A; and he was given a narrative reason for separation of "did not meet procurement medical fitness standards - no disability."



5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-9 provides that a separation will be described as entry level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty.

6.  Army Regulation 635-200, paragraph 5-11, states 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 will be separated.  Such conditions must be discovered within 6 months of the Soldier's initial entrance on active duty.  Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by an appropriate military medical authority within 6 months of the Soldier's initial entrance on active duty for the Regular Army that:

	a.  would have permanently or temporarily disqualified him or her for entry into the military service or entry on active duty had it been detected at that time; and

	b.  does not disqualify him or her for retention in the military service per Army Regulation 40-501, chapter 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change his character of service has been carefully considered.  However, there is insufficient evidence to support his request.

2.  Regulatory policy provides that a separation will be described as entry level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status.  The applicant was in the first 180 days of continuous active duty service when he was discharged under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet procurement medical fitness standards – no disability.  

3.  An uncharacterized discharge is not meant to be a negative reflection of a soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  

4.  In view of the foregoing, 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)                                         AR20120021307



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ABCMR Record of Proceedings (cont)                                         AR20120021307



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