IN THE CASE OF: BOARD DATE: 15 May 2014 DOCKET NUMBER: AR20130016453 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 upgrade of his uncharacterized discharge to an honorable discharge. 2. The applicant states he is service-connected with a 30-percent disability rating. It was his understanding that the characterization of his service would be upgraded 3 months after his discharge. 3. The applicant provides no additional 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. On 12 October 1993, the applicant enlisted in the Regular Army. He was scheduled for one-station unit training at Fort Benning, Georgia. 3. The discharge packet is missing from the applicant's military records. However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was administratively discharged on 1 March 1994, under the provisions of Army Regulation 600-200 (Personnel Separations - Enlisted Personnel), paragraph 5-11 for failure to meet procurement medical fitness standards. His service was uncharacterized. He had completed 4 months and 20 days (150 days) of creditable active duty service. 4. There is no indication the applicant petitioned the Army Discharge Review Board (ADRB) for an upgrade of or a change of reason for his discharge within that board's 15-year statute of limitations. 5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-11 provides 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 or active duty training or initial entry training will 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 the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3. The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry level status. 6. Entry level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days of active service. It further states that the character of service for members separated under the provisions of chapter 11 will be uncharacterized. For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings. 7. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), paragraph 2-9 provides that the Board 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 contends that his uncharacterized discharge should be upgraded to honorable because he understood it would be upgraded 3 months after his discharge and because he is 30-percent disabled due to service-connected medical conditions. 2. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. 3. There is no policy, regulation, directive or law that provides for the automatic upgrade of a less than honorable discharge from military service. 4. The evidence of record confirms the applicant was in entry-level status. As a result, his service was appropriately described as "uncharacterized." 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 his record. As a result, a change to the characterization of his service to honorable is not warranted. 5. An uncharacterized discharge 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. 6. In view of the foregoing, his request should be denied. 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) AR20130016453 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130016453 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1