IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150003968 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 his records to show he was medically discharged with an honorable characterization of service. 2. The applicant states that he served the country with pride and honor. He was discharged due to medical reasons with an uncharacterized characterization of service. He adds that his DD Form 214 (Certificate of Release or Discharge from Active Duty) has a handwritten "H" in item 24 (Character of Service). As a result, he is having a hard time using the DD Form 214 because individuals who review the form to determine his eligibility for benefits question his character of service. 3. The applicant provides copies of a: * DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) * Standard Form (SF) 502 (Clinical Record – Narrative Summary) * DD Form 214 (Service – Copy 2) * DD Form 256A (Honorable Discharge Certificate) 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 U.S. Army Reserve on 23 August 1994 for a period of 8 years and he further enlisted in the Regular Army on 8 November 1994 for a period of 3 years and 17 weeks. 3. A DA Form 3349 (Physical Profile), dated 22 November 1994, shows an Army medical doctor issued the applicant a permanent profile based on scar pain. It shows in item 3 (Assignment limitations are as follows): "Cannot Perform in 11B [Infantryman] MOS [Military Occupational Specialty]." 4. An SF 502, dated 23 November 1994, subject: Existed Prior to Service (EPTS) Medical Board, shows the applicant had a history of groin pain that occurred 4 months prior to his enlistment after doing some lifting and that the pain had continued since then. It also shows: Contributory: left groin hernia repair, 1989. 5. On 23 November 1994, the applicant requested expeditious discharge for physical disability based upon the findings and recommendations of a Medical Evaluation Board (MEB). He stated that he understood that he was entitled to consideration of his case by a Physical Evaluation Board (PEB) and elected not to exercise his right. He also stated that he understood he would receive a discharge in keeping with the character of his service, as decided by the officer designated to effect his separation. He also understood that the Veterans Administration (VA) would determine entitlement to VA benefits. 6. A DA Form 3947 (MEB Proceedings), dated 5 December 1994, shows the applicant was diagnosed with recurrent left groin pain without evidence of recurrent hernia that EPTS. a. The MEB found him unqualified for retention in the military service because of a physical disability that EPTS. b. The board recommended the applicant be separated under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), Chapter 5 (Separation for Non-Service Aggravated, EPTS Conditions upon Soldier's Waiver of PEB Evaluation). c. On 6 December 1994, the applicant was informed of the approved findings and recommendations of the board, he indicated that he agreed with the board's findings and recommendations, and the discharge authority approved the applicant's separation action. 7. The applicant's DD Form 214 (Service – Copy 8) shows he entered active duty on 8 November 1994 and he was discharged on 16 December 1994 under the provisions of Army Regulation 635-40, chapter 5, for a disability that EPTS. He had completed 1 month and 9 days of net active duty service this period. It also shows in: * item 9 (Command to Which Transferred): "NA" [Not Applicable] * item 24: "Uncharacterized" 8. In support of his application the applicant provides copies of the following documents. a. A DD Form 214 (Service – Copy 2) that shows he entered active duty on 8 November 1994 and he was discharged on 16 December 1994 under the provisions of Army Regulation 635-40, chapter 5, for a disability that EPTS. It also shows in: * item 9: "NA" * item 24: "Uncharacterized" and a handwritten initial ("H"). b. A DD Form 256A that shows he was honorably discharged from the U.S. Army on 16 December 1995 (emphasis added). The certificate was issued under the signature of Sergeant First Class S___ A. B___, U.S. Army. 9. Army Regulation 635-40, Chapter 5 provides for separation of an enlisted Soldier for non-service aggravated EPTS conditions when the Soldier requests wavier of a PEB evaluation. 10. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3 (Character of Service/Description of Service), paragraph 3-7a, provides, in part, the honorable characterization may be awarded to a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty training, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted. b. Section II (Terms) of the glossary states for Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his records should be corrected to show he was medically discharged from the U.S. Army based on physical disability with an honorable characterization of service. 2. Approximately 15 days after the applicant entered military service, an Army doctor found the applicant could not physically perform duty in MOS 11B. On 23 November 1994, the applicant requested expeditious discharge for a physical disability based upon the findings and recommendations of a MEB. 3. An MEB was convened within the applicant's first month of active service and found his condition was medically disqualifying under procurement medical fitness standards based on an EPTS condition. The applicant indicated that he agreed with the board's findings and recommendations, waived consideration of his case by a PEB, and the separation authority directed the applicant be separated from the Army. 4. The applicant's administrative separation under the provisions of Army Regulation 635-40, chapter 5, based on being not medically qualified under procurement medical fitness standards prior to entry on active duty was in compliance with all requirements of law and applicable regulations with no indication of procedural errors which would have jeopardized his rights. In addition, the type of discharge directed, narrative reason, and character of service shown on the applicant's DD Form 214 are appropriate and correct. 5. The evidence of record shows the applicant was in an entry level status on the date of initiation of the separation action. The governing Army regulation provides that the service will be described as "uncharacterized." Therefore, the evidence of record does not support the applicant's contention that the character of service for the period under review should be corrected. In addition, the handwritten "H" that appears in item 24 of the copy of the DD Form 214 the applicant provides is not relevant in determining his character of service or eligibility for veterans benefits. However, in this case, it would be appropriate to provide the applicant another copy of the DD Form 214 (Service – Copy 8). 6. An uncharacterized discharge is not meant to be 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. 7. The DD Form 256A, Honorable Discharge Certificate, the applicant provides shows it was issued one year after his discharge from the U.S. Army. Thus, the evidence of record does not support the veracity of the information on the certificate. 8. In view of the foregoing, there is no basis for granting the requested relief. However, in this case, it would be appropriate to provide the applicant a copy of the 16 December 1994, DD Form 214 (Service – Copy 8) contained in his official record BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. Based on the evidence presented in this case, the Board directs that the applicant be provided a copy of the 16 December 1994, DD Form 214 (Service – Copy 8) that is filed in his military service records. _______ _ 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) AR20150003968 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003968 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1