IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150009433 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150009433 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. IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150009433 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 an upgrade of her uncharacterized service to honorable. 2. The applicant states her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows her characterization of service as uncharacterized. She has a 60 percent service-connected disability and all of her other paperwork shows she received an honorable discharge. She cannot find a job because her DD Form 214 shows her service characterization as uncharacterized. She hopes she can get her DD Form 214 changed to match her other paperwork. 3. The applicant provides no additional evidence in support of her application. 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 5 February 2002. 3. The applicant's service record does not include a discharge packet. However, her DD Form 214 shows the Army discharged her on 28 June 2002 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-17 for physical condition, not a disability with a characterization of service as uncharacterized. The DD Form 214 shows a Separation Code of "JFV" (physical condition, not a disability). 4. On 1 June 2015, the Army Discharge Review Board denied her request for an upgrade of her discharge. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3 describes the different types of characterization of service. Paragraph 3-4a(2) states an uncharacterized separation is an entry-level separation. b. The Glossary, Section II (Terms) states, for Regular Army Soldiers, entry-level status is the first 180 days of continuous active service or the first 180 days of continuous active service following a break in service of more than 92 days of active military service. c. Paragraph 3-7a states 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. d. Chapter 5 (Separation for Convenience of the Government), paragraph 5-1a, states, unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. e. Paragraph 5-17 states commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability (Army Regulation 635–40 (Physical Evaluation For Retention, Retirement, or Separation)), which interferes with assignment to or performance of duty. The regulation requires that the condition interferes with the Soldier's ability to perform duty, and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired. When a commander determines that a Soldier has a physical condition that potentially interferes with assignment to or performance of duty, the commander will refer the Soldier for a medical examination in accordance with Army Regulation 40–501 (Standards of Medical Fitness). A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition. Separations under chapter 5 are separations for the convenience of the government. Unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. 2. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation, in effect at the time, showed the SPD code "JFV" as shown on the applicant's DD Form 214 specified the narrative reason for separation as involuntary release or transfer for "physical condition, not a disability" and that the authority for separation under this separation program designator was "Army Regulation 635-200, paragraph 5-17." DISCUSSION: 1. The applicant's service record does not contain sufficient evidence to support her contention that, with the exception of her DD Form 214, all her paperwork shows she received an "honorable" discharge. 2. The applicant contends that she cannot find a job due to the character of service on her DD Form 214. However, the ABCMR does not amend/or correct military records solely for making the applicant eligible for employment or employment benefits. 3. Although the applicant's discharge packet is not available for review, in lieu of evidence to the contrary, it is presumed the separation authority appropriately directed the issuance of an uncharacterized discharge and processed the separation action in accordance with the governing regulation. 4. The applicant was in an entry-level status at the time of discharge because she had served fewer than 180 days of active Federal service. The determination that the applicant's service was "uncharacterized" complies with the Army regulation governing separation of Soldiers while in an entry-level status. 5. An uncharacterized discharge is not a negative reflection of a Soldier's military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009433 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009433 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2