IN THE CASE OF:  

		BOARD DATE:  17 September 2015

		DOCKET NUMBER:  AR20150001949 


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 his uncharacterized discharge be changed to a medical discharge.  He also requests the date of birth (DOB) shown on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to 5 October 1971.

2.  The applicant states that due to medical reasons he was unable to successfully complete basic combat training (BCT) with the Army.  He should have been discharged for medical reasons.  He had successfully completed all other parts of BCT without any type of infractions that would have led to punishment under the Uniform Code of Military Justice (UCMJ).  It is his belief that the uncharacterized discharge is preventing him from gaining meaningful employment.

3.  The applicant did not provide any supporting documentation. 

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 U. S. Army Reserve (USAR) on 16 July 1992.  He was discharged from the USAR and enlisted in the Regular Army (RA) on 
28 August 1992.  He did not complete initial entry training and was not awarded a military occupational specialty.

3.  A DD Form 398-2 (Department of Defense National Agency Questionnaire), dated 25 June 1992, shows his DOB as 5 October 1971.

4.  On a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 16 July 1992, his DOB was typed as 5 October 1970 and corrected by pen and ink to show 5 October 1971. 

5.  On 8 December 1992, the applicant's immediate commander notified him of his intent to initiate the applicant's separation under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 11, Entry Level Status.  The specific reasons for the proposed action were the applicant's inability to successfully pass the Army Physical Fitness Test (APFT).  He had been given five attempts to pass the APFT and failed all five attempts.  He was further advised that if the request for separation was approved, he would receive an entry level status character of service and that due to non-completion of his enlistment/active time, VA and other benefits would be affected.

6.  The applicant acknowledged receipt of the separation notification action.  He elected not to request a separation medical examination or to consult with counsel, and he elected not to submit a written statement in his own behalf.

7.  The applicant was counselled on five separate occasions about failing the APFT as well as about separation for that reason.  His only response was to concur.  He made no mention of any medical problem.

8.  The separation authority approved the recommendation and on 16 December 1992 he was so discharged.  He had completed 3 months and 19 days of creditable active service.  His DD Form 214 shows his service was uncharacterized.  Item 5 (Date of Birth) of his DD Form 214 shows his DOB as 5 October 1970.

9. The applicant's service medical records are not available for review.  

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry level status.  This provision of regulation applies to individuals who were in an entry level status and, before the date of the initiation of separation action, completed no more than 180 days of continuous active duty.  It further applied to individuals who had demonstrated they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self-discipline for military service, or they had demonstrated characteristics not compatible with satisfactory continued service.  The regulation required an uncharacterized description of service for separation under this chapter.

11.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 3-1, provides that the mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability.  In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the member reasonably may be expected to perform because of his or her office, rank, grade or rating.

12.  Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of her office, rank, grade or rating because of disability incurred while entitled to basic pay.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that the applicant enlisted in the Army using the DOB of 5 October 1971.  An administrative error occurred resulting in the applicant's DOB being incorrectly entered on his DD Form 214 as 5 October 1970.  Therefore, his DD Form 214 should be corrected.

2.  There is no available evidence to substantiate the applicant's assertion he was unable to pass the APFT due to medical reasons.  

3.  He was discharged due to his entry level performance.  He had failed to pass the APFT despite five attempts.  The governing regulation required an uncharacterized description of service for his separation.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  _______ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by deleting the DOB entry from his DD Form 214 and replacing it with the DOB of 
5 October 1971.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his uncharacterized discharge to a medical discharge.




      _______ _   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)                                         AR20110014044



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ABCMR Record of Proceedings (cont)                                         AR20150001949



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