IN THE CASE OF:	  

		BOARD DATE:	  6 May 2014

		DOCKET NUMBER:  AR20130015241 


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, change of her character of service.

2.  The applicant states:

	a.  when she was discharged in 2009, her DD Form 214 (Certificate of Release or Discharge from Active Duty) states "unknown" or "General" because they didn't know what was medically wrong with her so they put that on the form.

	b.  in 2011, she was diagnosed with fibromyalgia.

3.  The applicant provides no additional documentary evidence. 

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 28 April 2009 for a period of 
3 years and 19 weeks.

3.  On 9 September 2009, she underwent a mental health evaluation and the licensed clinical social worker diagnosed her as having an adjustment disorder with anxiety.  The clinical social worker noted her state of emotional dysfunction was of such severity that her ability to perform military duties was significantly impaired.  She recommended the applicant's separation from the service under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17.

4.  On 25 September 2009, the applicant's unit commander initiated action to separate her under the provisions of Army Regulation 635-200, paragraph 5-17, for other designated physical or mental conditions.  The commander stated the applicant's state of emotional dysfunction was of such severity that her ability to perform military duties was impaired.

5.  On 29 September 2009, the separation authority approved the recommendation for separation and directed the applicant receive an entry level separation (uncharacterized).

6.  On 7 October 2009, she was discharged under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a physical condition, not a disability.  She completed 5 months and 10 days of creditable active service.

7.  Item 24 (Character of Service) of her DD Form 214 shows the entry "UNCHARACTERIZED."

8.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 5 provides for separation for the convenience of the government.  Paragraph 5-17 provides for discharge for other designated physical or mental conditions.  Commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) and excluding conditions appropriate for separation processing under paragraph 5-11 (separation of personnel who did not meet procurement medical fitness standards) or 5-13 (separation because of personality disorder) that potentially interfere with assignment to or performance of duty.  A Soldier separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status.


9.  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 of active service.  It further states that the character of service for members separated under the provisions of paragraph 5-11 will be uncharacterized if in an entry-level status.  For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends the Army didn't know what was medically wrong with her in 2009, medical evidence shows she was diagnosed with an adjustment disorder with anxiety in September 2009.

2.  Her contention she was diagnosed with fibromyalgia in 2011 was noted.  However, she was discharged from the Army in 2009. 

3.  Her administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

4.  Since she was in an entry-level status when she was discharged in 2009, her character of service was uncharacterized which is properly reflected in item 24 of her DD Form 214.

5.  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 his or her character of service to be rated as honorable or otherwise.

6.  In view of 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)                                         AR20130015241





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ABCMR Record of Proceedings (cont)                                         AR20130015241



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