IN THE CASE OF: .
BOARD DATE: 24 October 2013
DOCKET NUMBER: AR20130004508
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 his uncharacterized discharge be corrected to show he received an honorable discharge.
2. The applicant states he was discharged due to his medical condition of angina, causing him to terminate his service.
3. The applicant provides:
* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
* VA Form 21-4142 (Authorization and Consent to Release Information to the Department of Veterans Affairs (VA))
* Physician's Statement
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S Army Reserve (USAR) on 1 April 2011, for an 8-year period. On 2 May 2011, he entered initial active duty for training (IADT).
2. A DA Form 4707 confirms an Entrance Physical Standards Board (EPSBD) met on 10 May 2011 to evaluate the applicant's fitness for service based on a pre-existing condition of delusional disorder. The EPSBD found that the applicant failed to meet medical procurement standards and accordingly recommended his separation from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-11, separation of personnel who did not meet procurement medical fitness standards.
3. On 16 May 2011, the EPSBD's findings and recommendations were approved by the appropriate medical authority. On 23 May 2011, the applicant concurred with the findings of the EPSBD and requested to be discharged without delay.
4. On 2 June 2011, the applicant was discharged. The DD Form 214 issued to the applicant confirms his service was described as "uncharacterized" and he was separated by reason of "failed medical/physical/procurement standards." It also shows that as of the date of separation he had completed 1 month and
1 day of creditable active military service.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-9 contains guidance on entry-level status (ELS) separations. It states that a separation will be described as ELS and service described as "uncharacterized" if, at the time separation action is initiated, the Soldier has less than 181 days of continuous active service.
6. Paragraph 5-11 of the same regulation provides that Soldiers who are 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, active duty for training, or initial entry training will be separated. A medical proceeding conducted by an EPSBD, 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 the time of enlistment. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized (ELS) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his "uncharacterized" discharge be changed to honorable was carefully considered. However, the evidence of record confirms the applicant was separated while still in an entry-level status based on an EPTS medical condition after undergoing evaluation by a properly-constituted EPSBD.
2. The evidence shows the EPSBD's findings and recommendations were approved by the appropriate medical authority and the applicant agreed with the board's findings and requested immediate discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected
throughout the separation process. As a result, the narrative reason for separation listed in item 28 of his DD Form 214 is appropriate. Further, given the applicant was in an entry-level status, the uncharacterized service description in item 24 was also appropriate. Therefore, there is an insufficient basis to support granting this portion of the requested relief.
3. The applicant is advised that an "uncharacterized" 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 the Soldiers character of service to be rated as honorable or otherwise.
4. Based on the foregoing, there is no basis for granting the applicant's 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.
ABCMR Record of Proceedings (cont) AR20130004508
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