ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

	BOARD DATE:       9 April 2019

	DOCKET NUMBER:  AR20160015610


APPLICANT REQUESTS:  

The applicant requests to change his uncharacterized discharge to an honorable discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he should have received a general or honorable character of service.  He was told that he would have an honorable discharge.  

3.  On 13 January 1989, the applicant completed a Report of Medical History for the purpose of enlisting in the Army that shows he indicated he had a history of severe headaches.    

4.  On 28 February 1989, the applicant enlisted in the Regular Army.  He did not complete training requirements and was not awarded a military occupational specialty.  

5.  On 20 April 1989, medical documents completed for the purpose of a medical board shows the applicant was diagnosed with migraine headaches and was not qualified for military training.  

6.  On 5 May 1989, the medical approving authority signed and approved Entrance Physical Standards Board (EPSBD) Proceedings that shows the applicant was diagnosed with having chronic headaches which existed prior to service.  
7.  The EPSBD found the applicant met retention standards under the provisions of chapter 3, Army Regulation 40-501 (Standards of Medical Fitness); however, the EPSBD recommended the applicant’s separation from the Army for failure to meet medical fitness procurement standards.

8.  On 10 May 1989, the applicant concurred with the proceedings and requested to be discharged from the U.S. Army without delay.

9.  On 17 May 1989, he was discharged for failure to meet procurement medical fitness standards (no disability) under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-11, with an uncharacterized characterization of service.  He completed 2 months and 20 days of total active service.  

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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 for training, or initial entry training will be separated.

     a.  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, chapter 3.  

     b.  The characterization 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.

11.  The applicant is advised an uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier had not been in the Army long enough for his character of service to be rated as honorable or otherwise

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon regulatory guidance on administrative discharges, as well as the applicant’s discharge being initiated within the first 180 days of military service, the Board found that the characterization of service received at the time of discharge was appropriate.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


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.


	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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 for training, or initial entry training will be separated.  

     a.  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, chapter 3.  

      b.  The characterization 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.

3.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, prescribed the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  SPD code JFT applied to Soldiers discharged who did not meet procurement medical fitness standards.      

ABCMR Record of Proceedings (cont)	 AR20160015610
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