BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160003942 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 September 2017 DOCKET NUMBER: AR20160003942 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 September 2017 DOCKET NUMBER: AR20160003942 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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her character of service as honorable. 2. The applicant states, in effect, her uncharacterized service should be changed to honorable. 3. The applicant provides an undated self-authored letter. 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 January 1994 for a period of 5 years. 3. The DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 26 January 1994, shows she was diagnosed as having scoliosis of the spine (curvature greater than 20 degrees) which existed prior to service. This form stated she reported she was noted to have scoliosis during a health screening at age 15, she was evaluated by a chiropractor, and she was treated with a back brace which she wore for 1 week then discontinued. 4. The EPSBD found her medically unfit for enlistment in accordance with current medical fitness standards and determined her condition existed prior to service. The EPSBD recommended her separation from the Army for failure to meet medical procurement standards. On 2 February 1994, she concurred with the proceedings and requested discharge from the U.S. Army without delay. 5. On 9 February 1994, she was discharged for failing to meet procurement medical fitness standards under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11. She completed 1 month and 5 days of creditable active service. 6. Item 24 (Character of Service) of her DD Form 214 shows the entry "UNCHARACTERIZED." 7. She provided an undated self-authored letter stating: a. After graduating from high school with honors, she decided to go to college. After 2 years, she enlisted in the Army. Her recruiter asked her if she had any medical conditions that would limit her ability in the military. She told him that she had scoliosis, but she had participated in track and field, basketball, and cheerleading. At the time of her enlistment, her condition did not limit her from any daily-living activities nor prohibit her from military duties. Her recruiter told her if she could pass the Armed Services Vocational Aptitude Battery and physical, then her condition should not be a problem. She completed both and scored high enough to be placed in Company D, 795th Military Police Battalion. b. She was honored to become part of something that several family members had served in. She never realized there would be a time that her service would not be recognized because of someone's callous judgment. Imagine her disappointment when she was discharged from the service and her service was not recognized as honorable. c. For 3 weeks she went through hard physical and mental training. Her drill instructors were so impressed that she was recommended for platoon guide. During one specific day of drills, she realized something wasn't right. Her instructor noticed hesitation on her part and immediately sent her to sick call. After a thorough examination and realizing they missed something at the Military Entrance Processing Station, they immediately removed her from training. Knowing she was a dedicated, motivated, and obligated Soldier, they continued to let her participate, but limited most activities because they were now aware of her condition. d. She went through the enlistment process, testing, and training honorably. She questions whether it makes her service less honorable because she couldn't stay for the requisite 180 days. REFERENCES: 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. DISCUSSION: 1. The evidence of record shows the applicant was discharged for failing medical/physical procurement standards. 2. Her contentions were carefully considered. However, since she was in an entry-level status when she was released from active duty in 1994, her service was uncharacterized. This is properly reflected in item 24 of her DD Form 214. 3. Uncharacterized service is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not served on active duty long enough for his or her service characterization to be rated. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003942 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003942 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2