IN THE CASE OF:
BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130006531
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, in effect, his uncharacterized discharge be changed to either a general or honorable discharge.
2. He states his prior medical records do not include a diagnosis of depression or an adjustment disorder.
3. He provides copies of his medical records prior to and after his period of active service.
CONSIDERATION OF EVIDENCE:
1. The applicants available records show he was a member of the U.S. Army Reserve (USAR) and he entered an active duty status on 12 June 2012. He did not complete training and he was not awarded a military occupational specialty.
2. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows:
a. He was discharged on 17 August 2012.
b. The Character of Service is listed as "UNCHARACTERIZED."
c. The Separation Authority shows "AR 635-200, PARA 5-11."
d. The Narrative Reason for Separation was Failed Medical/Physical/ Procurement Standards.
3. The complete facts and circumstances of his discharge are not available.
4. On 8 March 2013, the Army Discharge Review Board (ADRB) denied his request for a change in the character and/or reason for his discharge. The ADRB determined that he had been properly and equitably discharged.
5. The applicant provided numerous medical documents. One, dated 3 September 2008 from Abilene Diagnostic Podiatry Clinic, noted the applicant was a 15-year old boy with Aspergers syndrome seen for evaluation and treatment of a painful bunion. Another, dated 12 September 2012 from RHA Health Services Inc, Behavioral Health Programs Comprehensive Clinical Assessment, noted that when he was 11-12 years old he was diagnosed with high-functioning autism (speech therapy).
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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 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 six months of the Soldiers 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 that time, and that the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.
7. Entry-level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than
92 days.
8. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record; it is not an investigative body. 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.
DISCUSSION AND CONCLUSIONS:
1. The specific facts and circumstances surrounding his discharge are not available. However, his DD Form 214 shows the character of his service as "Uncharacterized" because he did not complete 180 days of active duty service.
2. The regulations governing the Board's operation begins with the presumption that the discharge process was conducted in accordance with applicable laws and regulations unless the applicant can provide evidence to overcome that presumption.
3. In view of the foregoing, there is an insufficient evidentiary 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) AR20120021247
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ABCMR Record of Proceedings (cont) AR20130006531
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