IN THE CASE OF:	  

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20140020995 


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 her DD Form 214 (Certificate of Release or Discharge) to reflect her character of service as honorable in lieu of uncharacterized and her reentry eligibility (RE) code as 1 in lieu of an RE code of 3.

2.  The applicant states:

* as a registered nurse caring for veterans, she is frequently reminded of the manner in which she was treated as a young female Army recruit at Fort Sam Houston during Operation Desert Shield
* the catalyst for her discharge was a simple request for Motrin because she had her period and was too embarrassed to tell the male medic why she needed the Motrin
* she was humiliated and berated by two large male officers and told that she was of no use to the Army and that she needed to leave
* she was unfairly singled out as a small female recruit and directed to the commander’s office where, without the benefit of another female’s presence, she was berated due to her size and frightened into leaving the Army
* due to being frightened, she felt she had no choice but to sign the discharge
* her DD Form 214 shows she was a 21-year-old female who served on active duty for 102 days without incident or lost time
* she received the National Defense Service Medal and two marksmanship badges
* she hopes the Board can picture their daughters in her boots at that time and place
* she has grown both physically and mentally since then, finished college, and wants to serve her country using her skills on the front line

3.  The applicant provides her DD Form 214.

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 Regular Army on 28 May 1992.

3.  The complete facts and circumstances surrounding the applicant’s discharge are not available for the Board’s review.  However, her DD Form 214 shows she was discharged on 9 September 1992, under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11, for failure to meet procurement medical fitness standards – no disability.  She was credited with 3 months and 12 days of net active service and her service was uncharacterized.  Further documentation pertaining to her release from active duty is not available for review.

4.  Army Regulation 635-200, prescribes policies, standards, and procedures providing for the orderly administrative separation of active duty enlisted Soldiers.

   a.  Paragraph 5-1 states unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status.

   b.  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 entry on active duty or active duty for training for initial entry training may be separated.  Such conditions must be discovered during the first 6 months of active duty.  For character of service, paragraph 5-1 should be adhered to.

   c.  Glossary, Section II, Terms, states entry-level status for Regular Army Soldiers is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service.

5.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 (U.S. Army Reentry Eligibility Codes) includes a list of 
RE codes:

	a.  RE code 1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE code 3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  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 applicant’s request for correction of her DD Form 214 to reflect her character of service was honorable in lieu of uncharacterized and her RE code as 1 in lieu of 3 was carefully considered.  Her sincerity and post service accomplishments are noted.  

2.  The complete facts and circumstances surrounding her discharge are not in the available record for review.  It is incumbent upon the applicant to provide a compelling argument supported by corroborating documentation to show her records are in need of correction based on an injustice or inequity.  In the absence of such evidence, administrative regularity is presumed with regard to her discharge.
3.  There is no indication her discharge was not accomplished in compliance with applicable regulations or that there were procedural errors which would have jeopardized her rights.  It is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  She was separated for failure to meet procurement medical fitness standards as outlined in paragraph 5-11 of Army Regulation 635-200.  Her DD Form 214 reflects this and provides her with an uncharacterized character of service.  As the applicant met the definition of entry-level service at the time of her discharge and regulatory guidance calls for the uncharacterized service of Soldiers in an entry-level status separated under the provisions of paragraph 5-11, it is appropriate that her service was uncharacterized.  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/her service to be given a characterization.

5.  The RE code of 3, establishing her enlistment/reenlistment ineligibility without a waiver, was correctly entered on her DD Form 214 in accordance with governing regulations.  There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the RE code of 3. 

6.  The applicant's desire to continue service to her country is noted.  Her disqualification for reentry may be waived, and she may discuss the waiver process with a recruiter.  She should note, however, that waivers are granted based on the needs of the Army.  Submitting a request for a waiver does not guarantee approval.

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)                                         AR20140020995



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ABCMR Record of Proceedings (cont)                                         AR20140020995



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