BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130021750
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 that his "uncharacterized" service be changed to "characterized."
2. The applicant states he completed basic training but he was injured during advanced individual training. He is entitled to a characterized discharge because he was injured. He is not requesting an honorable discharge, just a characterization on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 5 July 2005. He did not complete training and was not awarded a military occupational specialty.
2. The applicant's discharge processing documentation is not available. However, his DD Form 214 shows he was administratively discharged on
21 November 2005 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-11. The narrative reason for separation is: "Failed Medical/Physical Procurement Standards." His character of service is: "Uncharacterized." He completed 4 months and 26 days of active service.
3. On 19 September 2013, the Army Discharge Review Board (ADRB) denied his request to change the character of his service on his DD Form 214.
4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. Paragraph 5-11 states 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, 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 Soldiers 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 that the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Medical Fitness Standards), chapter 3. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.
b. Paragraph 3-9 provides that if processing is initiated while a Soldier is in entry-level status, separation will be described as entry-level and uncharacterized, unless:
* an under other than honorable conditions discharge is authorized and warranted
* U.S. Army Human Resources Command determines that an honorable separation is warranted by unusual circumstances
5. Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. Paragraph 2-9 provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The uncharacterized entry-level status separation was the only character of service the applicant was authorized based on the authority and reason for his discharge action.
2. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers military service. It merely means the Solder has not been in the Army long enough for the Soldier's character of service to be rated as honorable or otherwise.
3. The regulations governing the Board's operation require that the discharge process must be presumed to have been in accordance with applicable laws and regulations unless the applicant can provide evidence to overcome that presumption.
4. In view of the foregoing, there is no basis for granting the applicant's 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) AR20090003545
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