IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140004471
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that she entered active duty on 10 June 1985 and that her service be characterized.
2. The applicant states that her DD Form 214 does not reflect the correct date she entered active duty and her service was not characterized.
3. The applicant provides copies of her DD Form 214, enlistment contract, Entrance Physical Standards Board (EPSBD) Proceedings, DA Form 2-1 and medical records.
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 on 20 September 1984 for a period of 8 years. She was ordered to initial active duty training (ADT) on 10 June 1985 and was transferred to Fort Jackson, South Carolina to undergo her basic training.
3. On 17 July 1985, an EPSBD was convened that determined the applicant did not meet medical fitness standards for enlistment due to a condition that existed prior to service and recommended she be separated from the service. The applicant concurred with the findings and recommendation of the EPSBD and the proceedings were approved on 17 July 1985.
4. On 24 July 1985, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-11, due to failure to meet procurement medical fitness standards. She had served 1 month and 15 days of active service and her service was uncharacterized and entered as entry level status (ELS). However, her DD Form 214 reflects that she entered active duty on 10 July 1985 and only served 15 days of active service.
5. Army Regulation 635-200 sets forth the policy for the separation of enlisted personnel. Paragraph 5-11 provides the criteria for the separation of personnel who did not meet procurement medical fitness standards when accepted for enlistment. It states that medical proceedings must establish that a medical condition was identified by appropriate military medical authorities within
6 months of initial active duty training which would have temporarily or permanently disqualified the member for entry into military service had it been detected at the time of enlistment. While an honorable or general discharge may be issued when clearly warranted by unusual circumstances involving personal conduct and performance of duty, personnel who are in an entry-level status (ELS) will receive Uncharacterized service. An honorable discharge is rarely ever granted during the ELS period, which comprises the first 180 days of continuous active service or the first 180 days of continuous active service after a break in service of more than 92 days.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered active duty on 10 June 1985 and she is entitled to have her DD Form 214 corrected to show that date in item 12a and that she served 1 month and 15 days of active service in item 12c.
2. However, the applicant only served 45 days of active service and is not entitled to have her service characterized.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry 85 07 10 from item 12a of her DD Form 214
* Deleting the entry 00 00 15 from item 12c of her DD Form 214
* Entering the entry 85 06 10 in item 12a of her DD Form 214
* Entering the entry 00 01 15 in item 12c of her DD Form 214
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to characterizing her service.
_______ _ __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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