IN THE CASE OF:	  

		BOARD DATE:	  18 November 2014

		DOCKET NUMBER:  AR20140004145 


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 upgrade of his uncharacterized discharge to either an honorable or general discharge. 

2.  He states he was medically discharged for having a dislocated shoulder.  His discharge was uncharacterized and he needs it show he received an honorable or general discharge for employers and the like.  Various agencies are having difficulty discerning what the uncharacterized discharge means. 

3.  The applicant 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.  His record contains a Standard Form (SF) 88 (Report of Medical Examination) and an SF 93 (Report of Medical History) both dated 25 August 1988.  The SF 93 shows he checked the "no" block indicating he did not have a "painful or [trick] shoulder or elbow."  The examining physician indicated on the SF 88 that the applicant had normal strength and range of motion in his upper extremities.  The applicant was shown to be qualified for service in the Regular Army.

3.  On 25 August 1988, he enlisted in the U.S. Army Reserve for a period of 
8 years in the Delayed Entry Program (DEP).  He was discharged from the DEP on 28 September 1988 and enlisted in the Regular Army for a period 4 years on 29 September 1988.  He entered basic combat and advanced individual training at Fort Knox, KY, on 5 October 1988.

4.  The applicant's records contain a DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 28 March 1989, Ireland Army Community Hospital, Fort Knox, KY.  These proceedings show:

	a.  History of Present Illness:  The applicant had been admitted to the hospital on two different occasions for a dislocated left shoulder.  Both times he was given general anesthesia for relocation.  The dates of his hospitalization are not in the available record.  

	b.  Past Medical History:  The applicant's initial dislocation occurred 24 July (no year) while playing basketball.  The comment "This initial dislocation was prior to military service" was handwritten on this document. 

	c.  Diagnosis:  Recurrent dislocation, left shoulder.

	d.  Recommendation:  It was felt that the applicant should be separated from the military activity secondary to recurrent shoulder dislocation in accordance Army Regulation 40-501 (Standards of Medical Fitness), paragraph 2-11, 4(d). 

	e.  The findings of the EPSBD were approved by the medical approving authority on 5 April 1989.  On 10 April 1989, the applicant concurred with the proceedings and requested discharge without delay.

5.  His DD Form 214 shows he was discharged on 20 April 1989, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-11.  He was not awarded a military occupational specialty and the narrative reason for separation contains the entry "Did Not Meet Procurement Medical Fitness Standards - No Disability."  Item 24 (Character of Service) shows his service was uncharacterized.  

6.  Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  

	a.  Paragraph 5-11 specifically provided 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 entry on active duty, active duty for training, or initial entry training would be separated.  

	b.  A medical proceeding, regardless of the date completed, must have established that a medical condition was identified by an 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, and the medical condition did not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  

	c.  The characterization of service for Soldiers separated under this provision would be awarded a character of service of honorable; under honorable conditions or uncharacterized if the Soldier was in an entry level status.

   d.  Entry-level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days.  For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The EPSBD shows the applicant had been admitted to the hospital on two different occasions for a dislocated left shoulder while attending training.  Therefore, it is reasonable to conclude that the applicant was in an entry level status when this medical condition was first discovered.

2.  The regulation in effect at the time of his separation states a medical proceeding, regardless of the date completed, must have established that a medical condition was identified by an appropriate medical authority within 
6 months of the Soldier’s initial entrance on active duty.  A Soldier is considered to be in an entry level status within the first 6 months or 180 days of continuous active duty.  Soldiers who are separated while serving in this category are given an uncharacterized character of service.



3.  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 his or her character of service to be rated as honorable or otherwise.  The applicant may want to so inform any potential employers.

4.  As such, his DD Form 214 correctly reflects the uncharacterized character of service; therefore, he is not entitled to the requested relief of either an honorable or general discharge.

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 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)                                         AR20140004145





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ABCMR Record of Proceedings (cont)                                         AR20140004145



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