IN THE CASE OF:
BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130018059
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, that the entry in item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "UNCHARACTERIZED" to "HONORABLE."
2. He states he was led to believe he was going to receive an honorable discharge. He had to get out because he injured his back during basic training.
3. He provides his DD Form 214.
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. On 2 May 1990, the applicant enlisted in the Regular Army.
3. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 14 June 1990, shows the applicant was in his 6th week of basic combat training and had complained of low back pain with exertion.
a. He was found not to meet medical fitness standards for enlistment under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), paragraph 2-37d. His condition was found to have existed prior to service and not to have been aggravated by service. He was found not to meet retention standards under the provisions of Army Regulation 40-501, chapter 3.
b. On 20 June 1990, the applicant concurred with the proceedings and requested discharge from the U.S. Army without delay.
c. On 26 June 1990, the discharge authority approved his separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-11c. The form states his entry-level separation required an uncharacterized discharge.
4. On 3 July 1990, he was discharged after completing 2 months and 2 days of net active service this period. His DD Form 214 shows in:
* item 24 "UNCHARACTERIZED"
* item 25 (Separation Authority) Army Regulation 635-200, paragraph 5-11c
* item 28 (Narrative Reason for Separation) "DID NOT MEET PROCUREMENT MEDICAL FITNESS STANDARDS NO DISABILITY"
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. The version of the regulation in effect at the time of the applicant's discharge stated a Soldier being separated under paragraph 5-11 was to be awarded a character of service of honorable, under honorable conditions or uncharacterized if in an entry-level status.
b. For Regular Army Soldiers, the regulation defined entry-level status as the first 180 days of continuous active duty or the first 180 days of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was in an entry-level status when he was discharged by reason of not meeting procurement medical fitness standards. Because he was in an entry-level status, the governing regulation required that his service be uncharacterized. There is no evidence of error in the entry in item 24 of his DD Form 214. Therefore, there is no basis upon which to grant the requested relief.
2. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers 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.
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) AR20130018059
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ABCMR Record of Proceedings (cont) AR20130018059
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