ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  10 June 2019

	DOCKET NUMBER:  AR20170007934    


APPLICANT REQUESTS:  an upgrade of her uncharacterized discharge to an honorable discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Self-authored statement
* VA Documents

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 that she should have been discharged due to a service connected disability from his military duties during wartime beyond his control. She states that she served honorably from February to May 1991 and that if she was able to stay and complete her training she would have.

3.  A review of the applicant’s service record shows:

	a.  She enlisted in the Regular Army on 12 February 1991.  

	b.  Documents relevant to her medical fitness, such as her DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), is not available in her record.

	c. On 16 May 1991, she was discharged.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was discharged under the provisions of paragraph 5-11 of Army Regulation 635-200 (Personnel Separations) by reason of “Did Not Meet Procurement Medical Fitness Standards – No Disability" and her service was uncharacterized.  Her DD Form 214 also erroneously shows she completed 2 years, 3 months, and 5 days; she completed 3 months and 5 days (95 days) of active service.  
4.  By regulation:

	a.  A member's service is under review during the first 180 days of continuous active military service.  When separated within the first 180 days, service is not characterized unless the circumstances of the separation warrant a discharge under other than honorable conditions.  An honorable characterization may be issued 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.

	b.  In all other circumstances, an entry-level (uncharacterized) separation is issued regardless of the reason for separation.  An uncharacterized discharge is neither positive nor negative; it is not derogatory.  It simply means the Soldier did not serve on active duty long enough for his or her service to be rated.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted.  Based upon the applicant’s discharge being initiated within the first 180 days of military service, the Board concluded there was no error or injustice which would warrant making a change to the characterization of service.

Additionally, the Board noted the administrative note below by the analyst of record and recommended that change be completed to more accurately depict the military service of the applicant.

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:

1.  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.
2.  Prior to closing the case, the Board noted the administrative note below by the analyst of record and recommend that correction be completed to more accurately depict the military service of the applicant.


	 
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.


ADMINISTRATIVE NOTE(S):

The applicant’s DD Form 214 shows she completed 2 years, 3 months, and 5 days of active service, but the applicant only completed 3 months and 5 days of active service. 
Accordingly, delete from item 12c (Net Active Service This Period) 02-03-05 and add 00-03-05.


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 (Personnel Separations) sets forth the basic authority for separation of enlisted personnel.  

	a.  Paragraph 5-11 specifically 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 EPSBD, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 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 3-7a (Honorable Discharge) provides that an honorable discharge is a separation with honor.  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.

3.  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.  



ABCMR Record of Proceedings (cont)	 AR20170007934    


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