IN THE CASE OF:  	  

		BOARD DATE:  4 August 2015  	  

		DOCKET NUMBER:  AR20150000544 


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 her uncharacterized discharge be changed to an honorable discharge.  

2.  The applicant does not provide a reason or an argument with this request.

3.  The applicant provides no additional evidence.

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 24 September 1996.

3.  On 3 October 1996, an Entrance Physical Standards Board (EPSBD) found the applicant medically unfit for enlistment in accordance with Army Regulation 40-501 (Standards of Medical Fitness), paragraph 2-23-d (Asthma).  The EPSBD noted the applicant's condition existed prior to service based on the fact that she had been diagnosed with asthma while in high school and because she stated she had a life long history of shortness of breath.  

4.  On 21 October 1996, the applicant was informed of the medical findings.  She acknowledged she understood that legal advice of an attorney employed by the Army was available to her or that she could consult civilian counsel at her own expense.  She also acknowledged she understood that she could request to be discharged without delay or to request retention on active duty.  If retained, she could be involuntarily reclassified into another military occupational specialty based upon her medical condition.  On the same date, she concurred with the proceedings and requested to be discharged from the U.S. Army without delay.

5.  On 21 October 1996, her immediate commander recommended her separation from the U.S. Army and on 22 October 1996, the separation approving authority directed her discharge from the U.S. Army.

6.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was discharged on 25 October 1996, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph   5-11 (Separation of personnel who did not meet procurement medical fitness standards), after completing 1 month and 2 days of active duty service, with an "uncharacterized" characterization of service.

7.  On 24 September 2007, the Army Discharge Review Board denied her request for a change in the characterization of her service.  

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 was in an entry-level status, except when:

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

	b.  the Secretary of the Army, on a case by case basis, determined a characterization of service as honorable was clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  This characterization was authorized when the Soldier was 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 for Regular Army Soldiers.

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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows she was found medically unfit for enlistment and that she requested to be discharged from the Army without delay.  

2.  The evidence of record also shows she was in an entry-level status at the time of her separation.  As a result, her service was appropriately described as "uncharacterized" in accordance with the governing regulation at the time. 

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 her records.  Therefore, a change in the character of her 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 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)                                         AR20150000544



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ABCMR Record of Proceedings (cont)                                         AR20150000544



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