BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140011268 


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 an upgrade of his uncharacterized discharge to an honorable discharge.

2.  The applicant states, in effect, that he was healthy when he entered Basic Combat Training (BCT) at Fort Dix, NJ on 30 October 1986.  However, during BCT his blood pressure would not stabilize and he was medically discharged without a disability medical rating.  He contends that he had no demerits or disciplinary action and his period of enlisted service should be characterized as honorable.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 3 December 1986.

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 Standard Form 88 (Report of Medical Examination), dated 18 March 1986, found him acceptable for entrance in the Army.

3.  The applicant enlisted in the Regular Army on 30 October 1986.  After his entry on active duty he was found to have an elevated blood pressure on numerous occasions.   He appeared before an Entrance Physical Standards Board (EPSBD) on 24 November 1986 and was diagnosed with hypertension.  The opinion of the evaluating physician was the condition existed prior to service.  The EPSBD recommended that he be separated from the military.

4.  On 26 November 1986, he concurred with the EPSBD proceedings and requested to be discharged without delay.

5.  On the same date, the separation authority directed that he be discharged from the Army.  He was discharged on 3 December 1986.

6.  The DD Form 214 issued upon his discharge shows he was separated under the provisions Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 5-11, by reason of failure to meet procurement medical fitness standards and he received an "uncharacterized" description of service.  This document also confirms that he completed 1 month and 4 days of active military service.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-11 provides 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 or 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 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 that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.


8.  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 of active service.  It further states the character of service for members separated under the provisions of chapter 11 will be uncharacterized.  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 applicant requests to have his discharge upgraded to honorable.

2.  Shortly after entering active duty the applicant was evaluated by an EPSBD and diagnosed with hypertension.  The evidence of record confirms he concurred with the EPSBD proceedings and requested to be discharged without delay.  The separation action was initiated while he was in an entry-level status prior to his completing 180 days of continuous active military service.  As a result, his service was appropriately described as "uncharacterized."  

3.  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 record.  As a result, a change to the characterization of his service to honorable is not warranted.

4.  The available evdence shows his separation processing was accomplished in accordance with the applicable regulations.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The applicant should be aware that an uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier was not in the Army long enough for his or her character of service to be rated as honorable or otherwise.

5.  In view of the foregoing, his request should be denied.

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)                                         AR20140011268



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ABCMR Record of Proceedings (cont)                                         AR20140011268



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