IN THE CASE OF:
BOARD DATE: 22 August 2013
DOCKET NUMBER: AR20130000356
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 uncharacterized discharge to an honorable discharge.
2. The applicant states he needs this correction so he can qualify for Department of Veterans Affairs (VA) benefits.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 17 February 1993. He did not complete initial entry training.
3. An Entrance Physical Standards Board met on 3 March 1993 and:
a. noted that the applicant had sought treatment and evaluation for a sore back during the third week of training, he maintained he could not train due to back pain, the objective findings indicated a normal back, and x-ray results were normal;
b. indicated that [the board] obtained medical records for a lumbar spine incident on 26 March 1992 that was not disclosed on the applicant's Standard Form 93 (Report of Medical History) or Standard Form 88 (Report of Medical Examination);
c. found the applicant did not meet medical fitness standards for enlistment;
d. recommended the applicant's separation under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 11; and
e. the applicant concurred and asked to be discharged.
4. The commanding officer recommended his discharge, the separation authority so directed, and the applicant was discharged with uncharacterized service on 17 May 1993. He completed 3 months and 1 day (91 days) of active service.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. 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.
b. 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 entrance on active duty, active duty for 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 and that the condition would have disqualified the Soldier for entry if it been detected at that time. The character of service will be uncharacterized if the Soldier is in an entry-level status.
c. For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he needs an honorable discharge so he can qualify for VA benefits.
2. The applicant's separation was conducted in accordance with regulatory guidance and the uncharacterized discharge was required by his entry-level status. There is no evidence that an honorable characterization was or is warranted.
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 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.
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