IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150004487 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a characterization of service. 2. The applicant states he was discharged for medical reasons but was given an uncharacterized character of service designation. 3. The applicant provides copies of his DD Form 214 and a DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings). 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 was granted a medical waiver for enlistment on 16 July 1997. The waiver was countersigned by the U.S. Army Recruiting Command, Command Surgeon on 10 August 1998. 3. He entered active duty on 27 October 1998 and went before the EPSBD on 2 November 1998. 4. On 10 November 1998, the EPSBD found the applicant failed to meet medical procurement standards due to very high asymmetrical corneal astigmatism that existed prior to service and recommended he be discharged. 5. The findings of the EPSBD where approved and the separation official directed the applicant be discharged. 6. The applicant was discharged on 13 November 1998. His DD Form 214 shows he was discharged under the authority of Army Regulation 635-200, paragraph 5-11 with 17 days of net active service and a characterization of service of uncharacterized. The reason for separation is shown as failure to meet procurement medical fitness standards. 7. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 5 sets forth the basic authority for separation of enlisted personnel for separation for the convenience of the Government: a. 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. b. 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 (AD) or active duty for initial entry training, may be separated. Such conditions must be discovered during the first 6 months of AD. Such findings will result in an EPSBD. This board, which must be convened within the Soldier’s first 6 months of AD, takes the place of the notification procedure required for separation under this chapter. c. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by an appropriate military medical authority within 6 months of the Soldier’s initial entrance on AD that would have permanently or temporarily disqualified the Soldier for entry into the military service or entry on AD or ADT for initial entry training had it been detected at that time. d. The Soldier will be separated within 72 hours following approval by the separation authority. e. Characterization at separation will be based upon the quality of the Soldier’s service, including the reason for separation and guidance in paragraph 3–7, subject to the limitations under the various reasons for separation. f. A separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status. DISCUSSION AND CONCLUSIONS: 1. The applicant initially applied for entry in 1997 and was granted a waiver for his eye condition. This condition was reevaluated shortly after he entered active duty and found to not meet procurement medical standards. 2. He was processed for separation for failure to meet procurement medical standards and was discharged within 18 days of entry onto active duty. 3. The applicant was separated for a preexisting medical condition hence the narrative reason for separation. Because his separation commenced within 180 days of entry, he was processed under the provisions of entry level separation and an uncharacterized character of service was mandated. 4. The applicant's administrative separation was accomplished in compliance with applicable regulations. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case. 5. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ___X_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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. _____________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) AR20150004487 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004487 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1