BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160000345 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: 30 May 2017 DOCKET NUMBER: AR20160000345 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: 30 May 2017 DOCKET NUMBER: AR20160000345 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 February 1990 to show his service was characterized as honorable versus uncharacterized. 2. The applicant states, in effect, the Department of Veterans Affairs (VA) and the Department of Defense (DoD) have already granted the correction. He just needs to have his DD Form 214 corrected to apply for a weapons permit. 3. The applicant provides no additional evidence in support of his request. 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 2 October 1989. He entered active duty for training and was assigned to Company D, 2nd Battalion, 13th Armored Regiment, Fort Knox, KY, for the purpose of initial entry training. His record indicates he did not finish initial entry training. 3. Orders 188-1, issued by Headquarters, U.S. Army Medical Department Activity (USA MEDDAC), Fort Knox, KY on 14 December 1989, shows the applicant was reassigned to the Medical Holding Company, Fort Knox, KY effective 15 December 1989. 4. An Optional Form 275 (Medical Record Report), dated 19 January 1990, shows: a. The applicant's medical concerns started on or about 6 October 1989. He was running and was told to drop and do push-ups. He dropped and tried to do push-ups but on landing on his outstretched arm, he noted his left shoulder seemed to come out of its socket. He noted that the shoulder seemed to pop back into its socket, but later on that night, it seemed to pop out again and was out most of the night. b. After shoulder surgery, 4 weeks of immobilization, and undergoing physical therapy, he complained of pain in the shoulder and the shoulder had a feeling of instability (still popping out). c. He was returned to duty with a temporary profile. In the examiner's opinion, he felt the applicant was not progressing well enough to allow Basic Training to proceed. He was diagnosed with inferior subluxation of the left shoulder and ulnar nerve neuritis secondary to immobilization for unstable shoulder. d. The examiner recommended his separation from active duty in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3-12c. 5. A DA Form 3947 (Medical Evaluation Board (MEB) Proceedings), dated 22 January 1990, shows the applicant was referred to a physical evaluation board (PEB) after the MEB found him physically unfit for military service. On 23 January 1990, the action approval authority approved the findings of the board. On 24 January 1990, he agreed with the findings and acknowledge that he did not desire to continue on active duty. 6. Orders 15-1, issued by USAMEDDAC on 30 January 1990, show the applicant was granted a permanent change of station (PCS) effective 2 February 1990, to a residence in Dunwoody, GA, to await his medical discharge from the Army. 7. Orders 23-1, issued by USAMEDDAC on 12 February 1990, show the applicant was notified he was being discharged in absentia, effective 20 February 1990. He was granted a 20 percent disability rating; however, disability severance pay was not authorized because he did not complete 6 months of active federal service. He was also notified he may apply to the VA for disability compensation. 8. A DD Form 214, for the period ending 20 February 1990, shows the applicant was discharged for physical disability without severance pay. His service was uncharacterized. He completed 4 months and 19 days of net active service and was not awarded a military occupational specialty. 9. There is no evidence within the applicant's record that documents any distinguished acts or achievements. In addition, there is no evidence within his record that shows he received a different characterization of service from either the VA or DoD. REFERENCES: Army Regulation 635-200, in effect at the time, sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Paragraph 3-9 provides that a separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry-level status, except when: (1) a characterization of under other than honorable conditions was authorized when the reason for separation and was warranted by the circumstances of the case; or (2) the Secretary of the Army, on a case-by-case basis, determined a characterization of service as honorable was clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization was authorized when the Soldier was separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority. b. Entry-level status is defined as the first 180 days of continuous active service for Regular Army Soldiers. c. The character of service for Soldiers separated under this provision would normally be honorable, but would be uncharacterized if the Soldier were in an entry-level status. An uncharacterized discharge is neither favorable nor unfavorable; in the case of Soldiers issued this characterization of service, an insufficient amount of time would have passed to evaluate the Soldier's conduct and performance. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show his service was characterized as honorable instead of uncharacterized. He contends he needs an honorable characterization in order to apply for a weapons permit and the VA and DoD have already granted this correction. 2. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. The evidence of record shows the applicant was in an entry-level status at the time of his separation. As a result, his service was appropriately described as "uncharacterized" in accordance with governing regulations. It appears all requirements of law and regulation were met throughout the separation process. 3. An uncharacterized discharge is not derogatory; it is recorded when a Soldier has not completed more than 180 days of creditable continuous active duty prior to initiation of separation. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated. 4. 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 records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016310 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000345 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2