BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150010676 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 BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150010676 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. BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150010676 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, a legal representative of a deceased former service member (FSM), requests a change of FSM's uncharacterized discharge to an honorable discharge. 2. The applicant states the FSM had to leave the service through no fault of her own due to medical issues. She (the applicant) knew how much the FSM honored the military. 3. The applicant provides copies of the FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty) and death certificate and a Certificate/Letter of Qualification. 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 the cases 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. 2. The FSM enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 28 June 1988 and she was discharged from the DEP on 13 September 1988. She enlisted in the Regular Army (RA) on 14 September 1988. 3. The FSM's service record contains: a. A DA Form 5133-R (Separation Action Control Sheet), dated 21 October 1988, showing she was notified of the initiation of separation action on 20 October 1988. She acknowledged receipt of notification and she indicated her election of rights on that date. The unit commander forwarded the separation action on 20 October 1988. The separation packet was received by Headquarters, 3rd Basic Training Brigade, and her discharge was recommended on 21 October 1988. b. A DA Form 2496 (Disposition Form), dated 21 October 1988, in which her command was notified that she did not successfully complete basic training and was recommended for discharge under the provisions of paragraph 5-11 of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel). 4. Her record is void of the complete facts and circumstances surrounding her discharge. However, her records contain a DD Form 214 which shows she was discharged in pay grade E-1 on 26 October 1988. She was credited with completing 1 month and 13 days of active service. Her DD Form 214 lists in: * Item 24 (Characterization of Service) – Uncharacterized * Item 25 (Separation Authority) – AR 635-200, paragraph 5-11 * Item 28 (Narrative Reason for Separation) – Did Not Meet Procurement Medical Fitness Standards - No Disability 5. Counsel provides copies of: * FSM's death certificate showing she died on 23 October 2014 * Certificate/Letter of Qualification, dated 8 January 2015, showing she was appointed administrator of the FSM's estate 6. There is no evidence the FSM petitioned the Army Discharge Review Board within its 15-year statute of limitations for a change of her characterization of service. REFERENCES: 1. AR 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel. The regulation stated in: a. Paragraph 5-11 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 entry on active duty or active duty for training for initial entry training, could be separated. Such conditions must be discovered during the first 6 months of active duty. Such findings would result in an Existed Prior to Entrance Physical Standards Board. An uncharacterized description of service was issued if in an entry-level status. An entry-level status was the first 180 days (6 months) of continuous active duty. b. Paragraph 3-7a that an honorable discharge was a separation with honor. The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptance conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would be inappropriate. 2. AR 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated: * Item 24 – would list the character of service * Item 25 – would list the separation authority * Item 28 – would list the reason for separation based on the regulatory or statutory authority DISCUSSION: 1. The FSM's record is void of the complete facts and circumstances surrounding her discharge; however, the available evidence shows she enlisted in the RA on 14 September 1988. She failed to complete basic training and was recommended for discharge under the provisions of paragraph 5-11 of AR 635-200. 2. A DA Form 5133-R shows she acknowledged the proposed separation action under AR 635-200, paragraph 5-11, and waived her rights. It appears the separation authority approved her discharge and she was discharged accordingly. Her character of service was "Uncharacterized." 3. In accordance with regulatory guidelines, Soldiers who have completed less than 180 days (6 months) of continuous active duty would have their service uncharacterized. That meant that the Soldier had not been in the Army long enough for his/her character of service to be rated as honorable or otherwise. It was and still is not meant to be a negative reflection of a Soldier's military service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010676 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010676 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2