IN THE CASE OF: BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150016387 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: 30 March 2017 DOCKET NUMBER: AR20150016387 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: 30 March 2017 DOCKET NUMBER: AR20150016387 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 record to show he received an honorable discharge (HD) instead of an uncharacterized discharge. 2. The applicant states Army officials identified his night blindness and migraines during his military service. When he decided to apply for Department of Veterans Affairs benefits, he was instructed to have his discharge characterization corrected. 3. The applicant provides no additional documents with his application. 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 (USAR) on 1 October 1993, for an 8-year period. On 5 November 1993, he entered active duty in the Regular Army and commenced his initial entry training (IET). 3. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) confirms an EPSBD met on 14 January 1994 to evaluate the applicant's fitness for service based on a pre-existing condition of chronic headaches (unresponsive to analgesics). The EPSBD found that the applicant failed to meet medical procurement standards and accordingly recommended his separation from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, due to not meeting procurement medical fitness standards. 4. On 14 January 1994, the EPSBD's findings and recommendations were approved. On 25 January 1994, the applicant concurred with the findings of the EPSBD and requested to be discharged without delay. 5. On 7 February 1994, the applicant was discharged. The DD Form 214 issued to the applicant confirms his service was described as "uncharacterized" and he was separated by reason of "failure to meet procurement medical physical standards." It also shows he completed 3 months and 3 days of creditable active military service. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-9 contains guidance on entry-level status (ELS) separations. It states that a separation will be described as ELS and service described as "uncharacterized" if, at the time separation action is initiated, the Soldier has less than 181 days of continuous active service. 2. Paragraph 5-11 of the same regulation provides that Soldiers who are 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, active duty for training, or initial entry training will be separated. A medical proceeding conducted by an EPSBD, regardless of the date completed, must establish that a medical condition was identified by 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 into the military service had it been detected at the time of enlistment. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized (ELS) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action. DISCUSSION: 1. The applicant contends his "uncharacterized" discharge should be changed to an HD. The evidence of record confirms the applicant was separated while still in an entry-level status based on a medical condition after undergoing evaluation by an EPSBD. 2. The evidence shows the EPSBD's findings and recommendations were approved. The applicant agreed with the board's findings and requested immediate discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Given the applicant was in an entry-level status at the time of his discharge, his service was uncharacterized as required by regulation. 3. The applicant is advised that 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 the Soldier's character of service to be rated as honorable or otherwise. 4. This Board does not correct records solely for the purpose of making an applicant eligible for benefits. Each case is considered on its own merits. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016387 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016387 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2