BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130020434
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 her narrative reason for separation.
2. The applicant states:
a. item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 January 1995 should say discharge and then the reason why.
b. she is trying to purchase a home. When her paperwork was reviewed they said they can't accept it until the correction is made in item 28. The discharge should be in that line, not item 23 (Type of Separation).
3. The applicant provides:
* DA Form 4707 (Entrance Physical Standards Board (EPSBD)) Proceedings)
* DD Form 214
* Honorable Discharge Certificate
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 U.S. Army Reserve (USAR) on 17 October 1994 for a period of 8 years. She was ordered to active duty for training on
28 November 1994.
3. She provides a DA Form 4707, dated 6 January 1994, that shows she was diagnosed as having symptomatic anal fissure which existed prior to service. The EPSBD found her medically unfit for enlistment in accordance with current medical fitness standards and determined her condition existed prior to service. The EPSBD recommended the applicant's separation from the Army for failure to meet medical procurement standards. On 18 January 1994, she concurred with the proceedings and requested discharge from the U.S. Army without delay.
4. On 27 January 1995, she was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph
5-11, due to failed medical/physical/procurement standards. She completed 2 months of total active service.
5. Her DD Form 214 shows in:
* Item 23 the entry "DISCHARGE"
* Item 25 (Separation Authority) the entry "AR (Army Regulation) 635-200, PARA (Paragraph) 5-11"
* Item 26 (Separation Code) the entry "JFW"
* Item 28 the entry "FAILURE TO MEET PROCUREMENT MEDICAL FITNESS STANDARDS"
6. She was honorably discharged from the USAR on 22 October 2002, an action which appears to have been made in error.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It stated for:
* item 25, enter the regulatory or statutory authority cited in directives authorizing separation
* item 26, enter the proper separation program designator (SPD) representing the reason for separation under Army Regulation 635-5-1
* item 28, enter the reason for separation shown in Army Regulation
635-5-1 based on the regulatory or statutory authority
8. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states that the SPD code JFW is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of failed medical/physical/procurement standards.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to amend item 28 of her DD Form 214 for the period ending 27 January 1995 was noted. However, evidence shows she was discharged on 27 January 1995 for failure to meet procurement medical fitness standards which is properly reflected in items 23 and 28 on her DD Form 214 for the period ending 27 January 1995.
2. Her type of separation and narrative reason for separation were administratively correct and in conformance with applicable regulations at the time of his separation. Therefore, there is no basis for granting the requested relief.
3. 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) AR20130020434
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