BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130019024
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 her uncharacterized discharge be corrected to show she received an honorable discharge.
2. The applicant states:
a. after completing 6 months service in the Delayed Entry Program (DEP), she was discharged prior to departing for boot camp due to the weakness in her knee;
b. her condition was aggravated while at her boot camp duty station, she was told to return home for knee surgery, and reenlist at a later time;
c. upon her return home, the specialist diagnosed she did not require surgery, and he could do nothing to strengthen her knee any further; and
d. subsequent to her discharge, she completed a bachelor's degree, master's degree, taught in the public school system, attained "Teacher of the Year," and was due to complete a second master's degree in Library Science in May 2014.
3. The applicant provides a copy of her DD Form 214 (Certificate of Release from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S Army Reserve (USAR) on 29 August 1994, for an 8-year period. On 31 January 1995, she entered initial active duty for training (IADT).
2. A DA Form 4707 confirms an Entrance Physical Standards Board (EPSBD) met on 6 February 1995 to evaluate the applicant's fitness for service based on a pre-existing buckling left knee condition she experienced for 2 years. It shows:
a. The applicant had a rotational injury (fell in a ditch) in 1992, without seeking immediate medical attention. She had increased amounts of giving away with normal daily activities since 1993.
b. The EPSBD found that the applicant had an unstable left knee and accordingly recommended her separation from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 5-11, separation of personnel who did not meet procurement medical fitness standards.
c. On 6 February 1995, the EPSBD's findings and recommendations were approved by the appropriate medical authority. On 9 February 1995, the applicant concurred with the findings of the EPSBD and requested to be discharged without delay.
3. On 16 February 1995, the applicant was discharged. The DD Form 214 issued to the applicant confirms her service was described as "uncharacterized" and she was separated by reason of "failed medical/physical/procurement standards." It also shows that as of the date of separation she had completed 16 days of creditable active military service.
4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-9 contains guidance on entry-level status (ELS) separations. It states that a separation will be described as ELS and service described as "uncharacterized" if, at the time separation action is initiated, the Soldier has less than 181 days of continuous active service.
5. Paragraph 5-11 of the same regulation provides that Soldiers who are not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty, active duty for training, or initial entry training will be separated. A medical proceeding conducted by an EPSBD, 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 the time of enlistment. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized (ELS) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that her "uncharacterized" discharge be changed to honorable was carefully considered. However, the evidence of record confirms the applicant was separated while still in an entry-level status based on an EPTS medical condition after undergoing evaluation by a properly-constituted EPSBD.
2. The evidence shows the EPSBD's findings and recommendations were approved by the appropriate medical authority and the applicant agreed with the board's findings and requested immediate discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected
throughout the separation process. In addition, given the applicant was in an entry-level status, the uncharacterized service description she received is appropriate. Therefore, there is an insufficient basis to support granting this portion of the requested relief.
3. The applicant is advised that 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 the Soldiers character of service to be rated as honorable or otherwise.
4. Based on 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.
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