BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140007853 


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 his discharge documents to show his character of service as honorable.

2.  The applicant states his medical problem was aggravated after he entered the military.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* NGB Form 23 (Army National Guard (ARNG) Retirement Credits Record)
* ARNG discharge orders
* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
* correspondence from the Army Review Boards Agency (ARBA) Case Management Division (CMD)

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's complete military records, including his separation proceedings, are not available for review.  This case is being considered based on the documents he provided.

3.  His NGB Form 22 shows he enlisted in the ARNG on 4 February 1986.

4.  His DD Form 214 shows:

* he entered active duty for training (ADT) on 3 July 1986
* he was relieved from ADT and discharged from the Reserve of the Army effective 12 August 1986
* he was transferred to the ARNG 
* he completed 1 month and 10 days of active service
* his service was uncharacterized
* the separation authority as Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11 (Separation of Personnel Who Did Not Procurement Medical Fitness Standards)
* the narrative reason for separations as "did not meet procurement medical fitness standards – no disability"

5.  On 15 August 2011, he applied to the Army Discharge Review Board (ADRB) for a change in his uncharacterized discharge to honorable.

6.  In a letter from ARBA CMD, dated 14 September 2011, he was informed that his request could not be acted upon by the ADRB because the statutory period of appeals prohibits the ADRB from processing applications received after 15 years from the date of discharge.  He was advised to apply to the ABCMR.

7.  It appears that he also applied to the ABCMR for a change in the character of his service.  In a letter, dated 28 December 2011, ARBA CMD informed him that his request could not be processed because the records necessary for processing his application could not be located.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-9, in effect at the time of the applicant's separation, provided that a separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier is in an entry-level status, except when:

	a.  characterization under other than honorable conditions is authorized by the reason for separation and is warranted by the circumstances of the case; or

	b.  the Secretary of the Army, on a case by case basis, determines a characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority.

9.  Entry-level status is defined as the first 180 days of continuous active service.

10.  Army Regulation 635-200, paragraph 5-11, in effect at the time, 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 entrance on active duty, active duty for training, or initial entry training would 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 Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into military service had it been detected at that time, and the medical condition did not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  The character of service for Soldiers separated under this provision would normally be honorable, but would be uncharacterized if the Soldier was in an entry-level status.

11.  Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-9, provides that the Board 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 applicant contends that his uncharacterized discharge should be changed to honorable because his medical problem was aggravated after he entered the military.

2.  The applicant's discharge proceedings are not available for review.  In the absence of evidence to the contrary, it is presumed that his discharge proceedings were conducted in accordance with law and regulations applicable at the time.

3.  The evidence of record confirms he was in entry-level status at the time of his separation.  As a result, his service was appropriately described as "uncharacterized."  An honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  There are no such circumstances present in his records.  As a result, a change in the character of his service to honorable is not warranted.

4.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated.

5.  In view of the foregoing, there is no basis to grant the 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 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)                                         AR20140007853



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ABCMR Record of Proceedings (cont)                                         AR20140007853



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