IN THE CASE OF: BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017966 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: 20 April 2017 DOCKET NUMBER: AR20150017966 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: 20 April 2017 DOCKET NUMBER: AR20150017966 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 his uncharacterized discharge be upgraded to an honorable discharge. 2. The applicant states he completed "boot camp," was on active duty for more than 180 days, and had no discipline problems. He made his recruiter aware of his asthma condition; he was allowed to enlist anyway. Further, he was treated for asthma during basic training and was allowed to continue and complete basic training. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * a letter from the Veterans Service Office, St. Croix County Services Center, New Richmond, WI, dated 26 October 2015 * five medical documents from "Hudson Physicians" dated 17 December 2010 * DD Form 149 (Application For Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 23 October 2013 with associated documents 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 8 November 2011. He was assigned to Battery B, 3rd Battalion, 6th Air Defense Artillery Regiment (Trainees), Fort Sill, OK, for training. 3. A review of the applicant's record reveals the following documents: a. A DD Form 2807-1 (Report of Medical History), dated 21 April 2011, which shows the applicant signed and attested to the fact that he had no allergies, or had not ever had and did not have asthma or any breathing problems at the time of his pending enlistment. The attending examiner signed and dated the document on the same day. b. A DD Form 2808 (Report of Medical Examination), dated 21 April 2011, which shows the applicant was given an enlistment physical, which showed he had no medical conditions or issues, except for an old surgical scar, and was deemed qualified for military service. The examiner and approving authority signed and dated the document on the same date. 4. The applicant's records are void of a separation packet containing the specific facts and circumstances surrounding his discharge process. However, his record contains a DD Form 214 that identifies the authority and reason for his discharge. 5. The applicant's DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, by reason of a condition, not a disability, and received an uncharacterized character of service. He completed 7 months and 13 days of net active service. 6. The Army Discharge Review Board (ADRB) denied his request for a change in the characterization and/or reason of his discharge on 29 August 2014, determining it was both proper and equitable. 7. The applicant provided the following documents: a. A letter from the Veterans Service Office, St. Croix County Services Center, New Richmond, WI, dated 26 October 2015, requesting consideration of his case. b. Five medical documents from "Hudson Physicians" of Hudson, WI, dated 17 December 2010, which shows an annual examination was conducted on the applicant. It shows it was a self -referral examination with the chief complaint of "needs note for military clearing asthma diagnoses." It further details his past medical history of the following: attention deficit disorder, seasonal allergies, and asthma. It details all his tests and functions were normal to include his spirometer test (an instrument for measuring the air capacity of the lungs). The attending physician cleared the applicant for military service. c. A DD Form 149, dated 23 October 2013, with ADRB Case Report and Directive Case Number AR20130019628 detailing that board's decision. REFERENCES: 1. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is what the Army did was correct. It is not an investigative agency. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 635-200 prescribes policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated. b. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. c. Chapter 5 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 an entry-level status. d. Paragraph 5-17 provides that commanders, who are special court-martial convening authorities, may approve separation actions under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to, or performance of, duty. A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition. Members may be separated for physical or mental conditions not amounting to disability which is sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired. DISCUSSION: 1. The applicant's request that his uncharacterized discharge be upgraded to an honorable discharge was carefully considered. 2. Applicable Army regulations state that a Soldier separated for the convenience of the Government will be awarded a character of service of uncharacterized if the Soldier had less than 180 days of continuous active duty service at the time separation action was initiated. 3. The applicant's record is void of the specific facts and circumstances surrounding his discharge; however, his records contain a duly-constituted DD Form 214 that confirms he was discharged under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a condition, not a disability, with an uncharacterized character of service. There is a presumption of regularity in the conduct of government affairs. Therefore, it is presumed that at the time actions were initiated, he had served less than 180 days of continuous active duty service. As such, he was in an entry level status. 4. He contends that he made his recruiter aware of his asthma condition at the time of his enlistment and was allowed to enlist anyway. However, at the time of his entrance physical examination, he attested on a DD Form 2807-1 that he had no allergies and did not have asthma. 5. It is presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. He has provided no information that would indicate the contrary or that either his discharge or characterization of his service was in error or unjust. 6. An honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. There are no such circumstances present in his records. 7. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017966 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017966 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2