IN THE CASE OF:	  

		BOARD DATE:	  3 February 2015

		DOCKET NUMBER:  AR20140010784 


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, in effect, the following:

* a change of her uncharacterized discharge to an honorable or a general discharge
* correction of item 26 (Separation Code) of her DD Form 214 (Certificate of Release or Discharge from Active Duty)

2.  The applicant states:

   a.  She is not claiming an error or injustice or requesting benefits.  The primary reason is that she would like to use her one month of service credit towards her service computation date (SCD) for her employment with the U.S. Department of State (DOS).  Without this change she cannot use her military service for retirement purposes.  As noted on the enclosed DD Form 214 she was only in the Army for 1 month and 1 day from 9 October to 9 November 1990. She was separated because she was unable to successfully complete the physical fitness requirements associated with basic combat training (BCT).  Despite her best efforts to complete these requirements, she was unable to do so in a manner that satisfied the needs of the service as noted in item 28 (Narrative Reason for Separation) of her DD Form 214.  Therefore, she was administratively separated from the Army with a reentry (RE) code of '3" and a separation code of "JFT."


   b.  She has been a federal employee with the DOS for nearly 20 years and would like to include her Army active duty service for retirement purposes.  As noted in the enclosed email from the DOS, in order for her military service to be used to adjust her SCD the character of her service must be changed from uncharacterized to honorable or general.

3.  The applicant provides copies of the following:

* DD Form 214
* email from DOS
* completed DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 28 September 1990.  She was discharged from the DEP on 8 October 1990.  

3.  She enlisted in the Regular Army, in pay grade E-3, on 9 October 1990, for 5 years, for training in military occupational specialty 76P (material control and accounting specialist).

4.  A DA Form 3349 (Physical Profile), dated 30 October 1990, shows she was assigned a temporary profile for insufficient musculature to complete BCT, existed prior to service (EPTS).  Her assignment limitations included no crawling, stooping, jumping, running, marching, or standing for long periods.  



5.  A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 2 November 1991, shows she underwent an initial entry training examination.  The EPSBD stated she was having difficulty running and marching and she was not even in her BCT yet.  The examination revealed she had generalized tenderness through her calves anteriorly, especially proximally but could not really localize one spot of pain.  She was diagnosed with insufficient musculature to complete BCT, line of duty, EPTS, not permanently service aggravated.  The EPSBD found her unfit for enlistment under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), paragraph 236 and recommended her discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Separations),    paragraph 5-11.  The EPSBD was approved on 5 November 1990.

6.  On 5 November 1990, she concurred with the findings and recommendation of the EPSBD and requested to be discharged without delay.  

7.  On 6 November 1990, the EPSBD was approved.

8.  On 8 November 1990, the separation authority approved her discharge.

9.  She was discharged accordingly on 9 November 1990.  She was credited with completing 1 month and 1 day of active service.  Her DD Form 214 lists in:

* Item 24 (Characterization of Service) - Uncharacterized
* Item 25 (Separation Authority) - Army Regulation 635-200, paragraph 5-11
* Item 26 - JFT
* Item 28 - Did Not Meet Procurement Medical Fitness Standard, No Disability

10.  She provided a copy of email, dated 4 June 2014, wherein a staff member of the DOS advised her that based on her "Uncharacterized" character of service her military time would not be creditable towards her SCD leave nor retirement.  She could request a change of her character of service and resubmit if she received an honorable or general character of service determination.

11.  There is no evidence she petitioned the Army Discharge Review Board within its 15-year statute of limitation for an change of her discharge.

12.  Army Regulation 40-501, in effect at the time, governed the medical fitness standards for enlistment, induction, and appointment.  Chapter 2 specified the standards to ensure that individual were medically qualified.  Paragraph 2-36 prescribed the medical condition and physical defect of cerebrovascular conditions, including but not limited to vascular insufficiency as a cause for rejection for enlistment.

13.  Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  The regulation stated in:

   a.  Paragraph 5-11 - 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, could be separated. Such conditions must be discovered during the first 6 months of active duty.  Such findings would result in an EPSBD.  An uncharacterized description of service was issued if in entry-level status.  An entry-level status was the first 180 days (6  months) of continuous active duty.

   b.  Paragraph 3-7a – an honorable discharge was a separation with honor.  The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptance conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would be inappropriate.

   c.  Paragraph 3-7b - a general discharge was a separation from the Army under honorable condition.  When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 24 would list the character of service
* Item 25 would list the separation authority
* Item 26 would list the proper separation program designator (SPD) representing the reason for separation
* Item 28 would list the reason for separation based on the regulatory or statutory authority

15.  Army Regulation 635-5-1 (SPD Codes), in effect at the time, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It stated the SPD code of "JFT" was applicable for Soldiers who were discharged under the provisions of Army Regulation 635-200, paragraph 5-1, with the narrative reason of "Did Not Meet Procurement Medical Fitness Standard, No Disability."

DISCUSSION AND CONCLUSIONS:

1.  On 2 November 1990, an EPSBD diagnosed her with insufficient musculature to complete BCT and found her unfit for enlistment.  The EPSBD recommended she be discharged under the provisions of Army Regulation 635-200, paragraph 5-11.  She acknowledged her rights, concurred with the findings and recommendations of the EPSBD, and elected to be discharged right away.  The separation authority approved her discharge and she was discharged accordingly on 9 November 1990.  Her character of service was "Uncharacterized."  

2.  In accordance with regulatory guidelines, Soldiers who had completed less than 180 days (6 months) of continuous active duty would have their service uncharacterized.  That meant that the Soldier had not been in the Army long enough for his/her character of service to be rated as honorable or otherwise.  It was and still is not meant to be a negative reflect of a Soldier's military service.  She was discharged after completing 4 months and 2 days of net active service.  Therefore, she is not entitled to a change in the characterization of her service from uncharacterized to honorable.

3.  With regard to a change of item 26 of her DD Form 214, the evidence shows her narrative reason for separation was assigned based on her separation due to her EPTS condition.  The only valid narrative reason for separation permitted under that paragraph is "Army Regulation 635-200, paragraph 5-11," with a corresponding SPD code of "JFT."  Therefore, she received the proper SPD code for her separation.

4.  It is noted, the ABCMR does not correct records solely for the purpose of establishing entitlements to creditable military service for retirement or any other purpose.

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)                                         AR20140010784





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ABCMR Record of Proceedings (cont)                                         AR20140010784



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