BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160001719 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: 30 May 2017 DOCKET NUMBER: AR20160001719 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: 30 May 2017 DOCKET NUMBER: AR20160001719 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, his characterization of service be changed from uncharacterized to honorable. 2. The applicant states: a. He joined the Army in 1996 with his young brother as an eager and young American with great expectation and pride. He was a model Soldier until he was physically incapable of meeting the requirements of duty. He was so happy to finish basic training and move on, but he was forced out of the military due to not meeting physical standards. b. He is now 40 years old and in search of a new career that benefits him and his family. He has been trying to apply for a career in the state for federal government. However, his applications require him to provide a copy of his DD Form 214. In doing so, he believes his “uncharacterized” discharge has been hurting his changes, and he lost the opportunity for an extra five points on his post office examination. c. He believes that in most cases, his “uncharacterized” discharge is seen or understood to mean the same as having a “dishonorable” discharge by those who do not know what it means to have a “uncharacterized” discharge. 3. The applicant provides: * DA Form 4707 (Entrance Physical Standards Board (EPSB) Proceedings), dated 30 September 1996 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * self-authored letter, dated 13 November 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. On 23 May 1996, the applicant enlisted in the Regular Army. 3. The complete facts and circumstances of his discharge are not available for review with this case. 4. His DD Form 214 shows he was discharged on 19 November 1996 in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, by reason of failure to meet medical/physical procurement standards. His DD Form 214 also shows: * item 12c (Net Active Service this Period) – he completed 5 months and 27 days of net active service * item 24 (Character of Service) – Uncharacterized * item 26 (Separation Code) – JFW * item 28 (Narrative Reason for Separation) – Failure to Meet Procurement Medical Fitness Standards 5. The applicant provides a DA Form 4707, dated 30 September 1996, which notes that prior to the applicant’s entry into military service he was in a motor vehicle accident in November 1995. He was taken to an emergency room, seen by a chiropractor, and had physical therapy twice a week for seven months; however, he continued to have low back pain. The EPSB recommended the applicant be separated from the U.S. Army for failing to meet medical procurement standards of Army Regulation 40-501 (Standards of Medical Fitness), chapter 2, paragraph 2-361, as he was unfit for duty. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. a. Paragraph 5-11 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 EPSB, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier's initial entrance on active duty, 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, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action. b. An uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized by the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. c. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 2. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. It states that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service. Examples are manifestation of lesions or symptoms of chronic disease from date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) will be accepted as proof that the disease existed prior to entrance into active military service. 3. Army Regulation 40-501 governs medical fitness standards for induction, enlistment, appointment, retention, separation, retirement, officer procurement programs and related policies and procedures. Chapter 2 provides standards for medical procurement. DISCUSSION: 1. The applicant contends, in effect, that his uncharacterized entry-level separation should be corrected to show he received an honorable discharge. 2. The available evidence shows the applicant was found not to have met entrance physical standards. Accordingly, he was discharged under the provisions of Army Regulation 635-200, paragraph 5-11. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 3. During the first 180 days of continuous active military service, a member's service is under review. When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable conditions discharge. An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army. 4. The entry-level separation is given regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not "derogatory." An uncharacterized character of service 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 his/her character of service to be rated as honorable or otherwise. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001719 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001719 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2