BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20130017714 


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 characterization of service be changed from uncharacterized to honorable.

2.  He states no contentions.  

3.  He provides 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 13 September 1988.

3.  An Entrance Physical Standards Board (EPSBD) evaluated the applicant on 21 November 1988 for complaints of flat feet.  After careful consideration of medical records, laboratory findings, and medical examinations, the EPSBD found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards.  The applicant was diagnosed as having pes planus.  The evaluating physicians determined that the applicant's condition existed prior to service and the applicant did not meet retention standards under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  The EPSBD recommended the applicant be separated from the military under the provisions of Army Regulation 635-200, paragraph 5-11. 

4.  The appropriate medical authority approved the EPSBD findings on 25 November 1988.

5.  The applicant acknowledged that he had been informed of the medical findings and indicated that he understood that legal advice of an attorney employed by the Army was available to him or that he could consult civilian counsel at his own expense.  He also indicated that he understood he could request to be discharged from the U.S. Army without delay or request retention on active duty.  He concurred with the proceedings and requested to be discharged from the U.S. Army without delay.  The discharge authority directed that the applicant be discharged from the service.  

6.  The applicant was discharged on 2 February 1989 under the provisions of Army Regulation 635-200, paragraph 5-11 by reason of failure to meet procurement medical fitness standards with an entry level status uncharacterized discharge.  He had 4 months and 20 days of creditable active service.

7.  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 six 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, 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.  Army regulations state that a Soldier is in an entry level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.

8.  Army Regulation 635-200, paragraph 3-7a states 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 EPSBD determined the applicant's medical condition (pes planus) existed prior to service.  

2.  The applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-11 based on failure to meet procurement medical fitness standards was administratively correct and in conformance with applicable regulations.

3.  The applicant was in an entry level status at the time of separation from active duty because he had served fewer than 180 days of active Federal service.  The determination that the applicant's service was "uncharacterized" was in compliance with Army regulation governing separations of Soldiers while an in an entry level status.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means that the Soldier has not been in the Army long enough for his character of service to be rated as honorable or otherwise.  

4.  The applicant has failed to show through the evidence submitted or the evidence of record that an error or injustice exists in this case.  Therefore, there is no basis for granting his request.  

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)                                         AR20130017714





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ABCMR Record of Proceedings (cont)                                         AR20130017714



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