IN THE CASE OF:    

		BOARD DATE:  23 July 2015	  

		DOCKET NUMBER:  AR20140021020 


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 record to show he was honorably discharged from the U.S. Army Reserve (USAR).

2.  The applicant states he served almost two years when he was discharged for having two migraine headaches in one year when he was in the seventh grade.  He did not feel this was a good reason to disqualify him from service when the headaches occurred five years prior to his enlistment with no further occurrences.  He further states this form of separation has prevented him from receiving any services due a veteran or recognition of his service in the U.S. Army.  He states he has attempted to reenlist and was told his prior separation was blocking his efforts.

3.  The applicant provides:

* DD Form 4/1/2 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* Orders 085-208
* a memorandum
* a letter

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 USAR on 10 August 1988.

3.  Orders 153-3, issued by the Military Entrance Processing Station (MEPS), Fresno, CA, dated 10 August 1988, ordered him to initial active duty for training (IADT) effective 17 July 1989.

4.  The applicant provides and his record contains a memorandum, dated 1 April 1990, in which the Executive Officer, U.S. Army Recruiting Battalion Sacramento, Sacramento, CA, informed the Commander, Company A, 319th Signal Battalion that the applicant was determined to be medically disqualified.

5.  Orders 70-13, issued by MEPS, Fresno, CA, dated 10 April 1990, revoked Orders 153-3.

6.  On 7 May 1990, the Deputy Chief of Staff, Personnel, USAR, recommended approval of the applicant's discharge under the provisions of paragraph 4-7, Army Regulation 135-178 (Separation of Enlisted Personnel).

7.  Orders 085-208, issued by Headquarters, Sixth U.S. Army and Presidio of San Francisco, Presidio of San Francisco, CA, dated 11 May 1990, discharged the applicant from the USAR - Ready in accordance with paragraph 4-7, Army Regulation 135-178, effective 11 May 1990.  The additional instructions stated he received an entry-level status separation and that no discharge certificate would be issued.

8.  Army Regulation 135-178, establishes policies, standards, and procedures governing the administrative separation of enlisted Soldiers from the Army National Guard of the United States and the USAR.  Commanders who are separation authorities are authorized to discharge 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 IADT.

9.  Army Regulation 635-200 (Personnel Separations- Enlisted Personnel), , states in  paragraph 3-9a(1) a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.

10.  Army Regulation 635-200 also states that a member of a Reserve component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve component.  Entry-level status of such a member of a Reserve component terminates:

	a.  180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more; or 

	b.  90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.  

11.  The Department of Defense established the Uncharacterized Entry Level Separation on 1 October 1982.  Entry level status is defined as the first 180 days of continuous active duty or active duty for training.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was determined medically disqualified from service prior to performing a single day of active duty service.  Therefore, his service was properly uncharacterized.

2.  There is no evidence and the applicant has failed to provide evidence which shows his separation is in error or otherwise contrary to law or regulations.  An uncharacterized entry-level separation is not meant to be a negative reflection of a Soldier's military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 

3.  If the applicant still desires to reenter military service he should contact a local recruiter who can best advise him as to the service requirements at the time and may submit a waiver for enlistment if necessary.

4.  In view of the foregoing, there is no basis for granting 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 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)                                         AR20140021020



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ABCMR Record of Proceedings (cont)                                         AR20140021020



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