IN THE CASE OF: BOARD DATE: 1 March 2016 DOCKET NUMBER: AR20150007537 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: a. a medical discharge and b. amendment of his character of service (uncharacterized) to honorable. 2. The applicant states, in effect: a. His discharge shows his service as uncharacterized. b. He was home on Christmas exodus and he reinjured a pre-existing arm injury. He further injured it when he returned to advanced individual training. He went to sick call at Fort Benning and the doctor stated the injury required re-breaking or surgery. The doctor stated he would be there 6-8 weeks, he would need additional time for rehabilitation, and then he would be recycled to week 0. He was 2 weeks from graduation. The doctor also stated he could accept an honorable medical discharge and go home. c. He only accepted the discharge because the doctor stated it would be an honorable medical discharge. He never noticed his DD Form 214 (Certificate of Release or Discharge from Active Duty) stated uncharacterized until recently when he applied for a position with the Bureau of Prisons. His veteran status waived the age limit, but the uncharacterized status removed his name from the register. d. It was explained to him at the time by the doctor that his release from military service would be a medical discharge for a pre-existing injury that was re-aggravated during exodus. He would never have chosen an uncharacterized or dishonorable discharge that could hurt any future employment opportunities. 3. The applicant provides a copy of his DD Form 214. 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 8 October 1992 for a period of 3 years. 3. His records are void of the specific facts and circumstances surrounding his discharge action. However, his DD Form 214 shows he was discharged on 2 February 1993 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, due to failed medical/ physical/procurement standards. He completed 3 months and 25 days of total active service. His service was uncharacterized. 4. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. a. Paragraph 5-11 states 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 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 the 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 in the military service had it been detected at that time, and that 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 character of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status. 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. b. Chapter 3 provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. 5. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. The unfitness must be of such a degree that a Soldier is unable to perform the duties of his or her office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his or her employment on active duty. 6. Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade, or rating because of disability incurred while entitled to basic pay. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions were carefully considered. However, in the absence of evidence to the contrary, it must be presumed that the applicant's separation processing was administratively correct and in conformance with applicable regulations. Without the discharge packet to consider, it is presumed that the authority and reason for his discharge and the character of service he received were commensurate with his overall record of service. 2. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Solder has not served on active duty long enough for his or her character to be rated. 3. In view of the foregoing information, there is an insufficient evidentiary basis for granting the applicant's 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 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) AR20150007537 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007537 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1