IN THE CASE OF:	  

		BOARD DATE:  31 October 2013

		DOCKET NUMBER:  AR20130015653 


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 honorable.

2.  The applicant states:

* he enlisted in the U.S. Army Reserve (USAR) on 23 December 1983 and he attended unit drills until reporting for basic training on 5 June 1984
* he was undergoing basic training at Fort Dix, NJ, when he was injured and discharged on 20 July 1984
* he believes the status of his discharge should be upgraded due to his enlistment in the USAR, his attendance at drills, his performance of the duties assigned to him as directed, and his injury and separation during training

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 USAR on 23 December 1983 for a period of 6 years.  He was ordered to initial active duty for training (IADT) on 5 June 1984.

3.  A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 11 July 1984, shows he was diagnosed as having a contusion with strained right knee and right knee patellofemoral syndrome.  The EPSBD found him medically unfit for enlistment in accordance with current medical fitness standards and determined his condition existed prior to service.  The EPSBD recommended the applicant's separation from the Army for failure to meet medical procurement standards.  On 12 July 1984, he concurred with the proceedings and requested discharge from the U.S. Army without delay.

4.  On 20 July 1984, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, due to failure to meet procurement medical fitness standards – no disability.  He completed 1 month and 16 days of total active service.

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

6.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provides that 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 or 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 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 that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.  For USAR Soldiers, entry-level status begins upon enlistment in the USAR.  For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.  For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning phase II (advanced individual training).  Soldiers completing phase I (basic training or basic combat training) remain in entry-level status until 90 days after beginning phase II.

7.  Army Regulation 635-200, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change his character of service to honorable was carefully considered.

2.  In 1984, an EPSBD found him medically unfit for enlistment in accordance with current medical fitness standards and determined that his right knee condition existed prior to his entry into military service.  The applicant concurred with these proceedings and requested to be discharged from the Army without delay.

3.  Since he was in an entry-level status when he was released from active duty in 1984, his service was uncharacterized which is properly reflected in item 24 of his DD Form 214.  Therefore, there is no basis for granting his request.

4.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated.

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.

ABCMR Record of Proceedings (cont)                                         AR20130015653



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ABCMR Record of Proceedings (cont)                                         AR20130015653



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