BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160000515 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: 8 June 2017 DOCKET NUMBER: AR20160000515 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: 8 June 2017 DOCKET NUMBER: AR20160000515 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 item 19b (Nearest Relative) and item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his new spouse and characterization of his service as honorable. 2. The applicant states: * he has a new spouse * his DD Form 214 shows his service as uncharacterized * a letter from the Department of Veterans Affairs (VA) states his discharge is honorable 3. The applicant provides: * DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) * letter from the VA, dated 22 September 2015 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 22 June 1994 for a period of 3 years. 3. A DA Form 4707 (Entrance Physical Standards Board) signed by an ophthalmologist, dated 15 July 1994, shows he was diagnosed as having amblyopia oculus dexter (impaired focus, commonly known as lazy eye) and exotropia (outward deviation) which existed prior to service. The form stated the applicant reported a long history of anisometropic amblyopia oculus dexter with resultant exotropia, which has now become more pronounced with astropia. 4. The Entrance Physical Standards Board (EPSBD) found him medically unfit for enlistment in accordance with current medical fitness standards and determined his condition existed prior to service. The EPSBD recommended the applicant's separation from the Army for failure to meet medical procurement standards. On 20 July 1994, he concurred with the proceedings and requested discharge from the U.S. Army without delay. 5. On 4 August 1994, he was discharged for failing to meet procurement medical fitness standards under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11. He completed 1 year and 13 days of creditable active service. 6. His DD Form 214 shows the following entries: * item 19b  – T____ M. M____ * item 24 – Uncharacterized 7. He provided a letter from the VA, dated 22 September 2015, stating his period of active duty service is considered honorable for VA purposes and he is eligible for health care and VA-related benefits for any disabilities incurred or aggravated in the line of duty during his active service. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. a. Paragraph 5-11 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 entrance on active duty, active duty training, or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by the 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 in the military service had it been detected at that time, and that the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3. The character of service for Soldiers separated under this provision 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 duty or the first 180 days of continuous active service after a service break of more than 92 days. b. Chapter 3 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The instructions stated the nearest relative would be provided by the Soldier. For item 19b, the name and address of a relative should be someone who will know the Soldier's location and address at all times. DISCUSSION: 1. The applicant requested correction of item 19b of his DD Form 214 to reflect his current spouse. 2. The DD Form 214 is a snapshot in time and is a reflection of his record of active Army service at the time of his release from active duty. 3. The evidence of record shows he reported his nearest relative as T____ M. M____ at the time of his discharge in 1994. 4. He also requested correction of his service characterization to show honorable based on a VA letter stating his active duty service is considered honorable for VA purposes. This letter pertains to his eligibility for VA benefits. 5. The evidence of record shows he was discharged for failing medical/physical/ procurement standards. 6. Since he was in an entry-level status when he was released from active duty in 1994, his service was uncharacterized and this is properly reflected in item 24 of his DD Form 214 for this period. 7. Uncharacterized service 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 service characterization 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) AR20160000515 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000515 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2