BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150017096 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: 23 March 2017 DOCKET NUMBER: AR20150017096 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: 23 March 2017 DOCKET NUMBER: AR20150017096 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, in effect, an upgrade of her uncharacterized character of service. 2. The applicant states, in effect, she sustained an injury during basic combat training and was therefore unable to pass the run portion of her Army Physical Fitness Test. She completed the run but was just a little too slow. She would have passed the run prior to her injury. She feels her characterization of service is an injustice because she never committed any offenses. 3. The applicant provides: * Orders Number 89-1207, dated 29 March 2000 * DD Form 2648 (Preseparation Counseling Checklist), dated 3 April 2000 * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 18 November 1999. 3. The applicant's medical records and full separation packet are not available for review in this case; however, her record does contain a DD Form 214, which shows: a. The applicant was discharged on 3 April 2000, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel, paragraph 5-11, for failure to meet procurement medical fitness standards. b. Her service was uncharacterized and she was assigned separation code (SPD) "JFW" and reentry code (RE code) "3." c. She completed 4 months and 16 days of net active service (138 days). 4. There is no indication she applied to the Army Discharge Review Board for a change of her discharge within that board’s 15-year statute of limitations. REFERENCES: 1. Army Regulation 635-200 (Glossary), Section II (Terms), states, for Regular Army Soldiers, entry level status is the first 180 days of continuous active duty, or the first 180 days of continuous active duty following a break of more than 92 days of active military service. 2. Army Regulation 635-200, paragraph 3-9 (Uncharacterized Separation), states a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status. 3. Army Regulation 635-200, chapter 5 (Separation for Convenience of the Government), states, 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. a. Paragraph 5-11 (Separation of personnel who did not meet procurement medical fitness standards) 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 entry on active duty will be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the Soldier’s initial entrance on active duty for Regular Army, which: (1) Would have permanently or temporarily disqualified him or her for entry into the military service or entry on active duty had it been detected at that time. (2) Does not disqualify him or her for retention in the military service under the provisions of AR 40–501 (Standards of Medical Fitness), chapter 3. b. As an exception, a Soldier who is found after entry on active duty not to have been qualified under procurement medical fitness standards at the time of enlistment may request to be retained in the Service with the exception of existed prior to service (EPTS) subject to the following conditions. Approval or disapproval of requests for retention under this paragraph is delegated to the separation authority. No Soldier has a right to be retained under this paragraph. Soldiers not retained will be processed for separation. Soldiers will not be retained under this paragraph unless: (1) The separation authority determines, after considering the findings of an Entrance Physical Standards Board, that the Soldier’s disqualifying condition will not prevent the Soldier from performing satisfactorily throughout his or her period of enlistment in the primary military occupational specialty for which being trained. (2) The Soldier signs a statement requesting to complete the period of service for which enlisted despite his or her being subject to separation under paragraph a above. DISCUSSION: 1. The applicant contends, in effect, that the Board should upgrade her uncharacterized character of service. She feels her characterization of service is an injustice because she never committed any offenses. 2. The evidence of record shows that the applicant's discharge and characterization was proper because she was discharged for a failure to meet medical procurement standards within the first 180 days of her active duty service. She served 138 days before she was discharged. By her own admission, she was not able to complete the run portion of the Army Physical Fitness Test. It appears she was not able to complete the run based on a physical condition that did not meet medical fitness standards for entrance into the Army. 3. Soldiers in the first 180 days of active duty service are still serving in an entry level status. The service of Soldiers discharged while in an entry level status will normally be uncharacterized. Uncharacterized service is not derogatory in nature. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017096 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017096 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2