BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160001150 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: 22 August 2017 DOCKET NUMBER: AR20160001150 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: 22 August 2017 DOCKET NUMBER: AR20160001150 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her character of service as honorable in lieu of uncharacterized. 2. The applicant states when she received her original discharge document, it was honorable. When she requested copy 3 years ago, it stated "unknown." She recently received another copy and it is uncharacterized. 3. The applicant provides no additional evidence. 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 on 31 August 1992. 3. Military Entrance Processing Station Orders 172-11, dated 31 August 1992, ordered her to initial active duty for training (IADT) with a reporting date of 29 December 1992. 4. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 11 January 1993, shows she was diagnosed with asthma and had a lifelong history of asthma that existed prior to service. The EPSBD recommended her separation from the U.S. Army for failure to meet medical procurement standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 2. Her retention in the service was deemed not practical. 5. On 15 January 1993, she received pre-separation counseling and concurred with the EPSBD Proceedings, requesting discharge from the U.S. Army without delay. The discharge authority approved the action on 15 January 1993. 6. Her DD Form 214 shows she was discharged on 22 January 1993 under the authority of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, due to not meeting procurement medical fitness standards/no disability. She completed 24 days of active duty and her service was uncharacterized. 7. There is no evidence of record showing her service was ever characterized as honorable. REFERENCES: Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-1 stated unless the reason for separation required a specific characterization, a Soldier being separated for the convenience of the government would be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status. b. Paragraph 5-11 stated 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 or active duty for training for initial entry training may be separated. Such conditions must be discovered during the first 6 months of active duty. For characterization of service, refer to paragraph 5-1. c. Glossary, Section II (Terms), stated entry-level status for Army National Guard and U.S. Army Reserve Soldiers begins upon enlistment and terminates: (1) for Soldiers ordered to IADT for one continuous period – 180 days after beginning training; and (2) for Soldiers ordered to IADT for the split or alternate training option – 90 days after beginning phase II (advanced individual training). Soldiers completing phase I (basic training or basic combat training) remain in an entry-level status until 90 days after beginning phase II. DISCUSSION: 1. The DA Form 4707, dated 11 January 1993, shows she was diagnosed with asthma and had a lifelong history of asthma that existed prior to service. The EPSBD recommended her separation from the U.S. Army for failure to meet medical procurement standards. 2. There is no indication her discharge was not accomplished in compliance with applicable regulations or that there were procedural errors which would have jeopardized her rights. All requirements of law and regulation were met and her rights were fully protected throughout the separation process. 3. She was separated for failure to meet procurement medical fitness standards as outlined in paragraph 5-11 of Army Regulation 635-200. As she met the definition of entry-level service at the time of her discharge and regulatory guidance calls for the uncharacterized service of Soldiers in an entry-level status separated under the provisions of paragraph 5-11, it is appropriate that her service was uncharacterized. 4. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier did not serve on active duty long enough for his or her service to be characterized. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001150 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001150 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2