IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150013783 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 IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150013783 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. IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150013783 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 a change of his uncharacterized discharge to a general, under honorable conditions discharge. 2. The applicant states he completed 90 days of active service; however, he was told because he did not serve 120 days of active duty service the characterization of his discharge could not be changed. 3. The applicant does not provide any additional evidence. CONSIDERATION OF EVIDENCE: 1. The applicant underwent an entrance medical physical examination on 15 April 2000. He was found qualified for service with no physical limitations noted. The applicant enlisted in the Regular Army on 3 May 2000. 2. His administrative separation processing package is not available for review by the Board. However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 18 August 2000 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 5, by reason of disability – Existed Prior To Service (EPTS)-Medical Board. He completed 3 months and 16 days of creditable active service. REFERENCES: 1. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 5, then it effect, stated an enlisted Soldier may be separated for non-service aggravated condition when: * he/she requested it * he/she had been on active duty for more than 30 days * he/she did not meet medical retention standards as determined by an medical evaluation board * the disqualifying defect or condition existed prior to entry on current period of duty and had not been aggravated by such duty * he/she waived further evaluation 2. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, provided the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provided that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment will be separated. This regulation further provided that medical proceedings must establish that a medical condition was identified by appropriate medical authority within 4 months of the Soldier?s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Chapter 3 of Army Regulation 40-501 (Standards of Medical Fitness). The characterization of service for Soldiers separated under this provision of regulation 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 service or the first 180 days of continuous active service after a service break of more than 92 days of active service. 3. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The specific facts and circumstances surrounding his discharge are not available. However, his DD Form 214 shows he was discharged due to an EPTS medical condition. The character of his service was "Uncharacterized" because he did not complete 180 days of active duty service. 2. The regulation governing this Board's operation begins with the presumption the discharge process was conducted in accordance with applicable laws and regulations in effect at the time unless the applicant can provide evidence to overcome that presumption. 3. An entry level 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013783 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013783 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2