ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  9 October 2019

	DOCKET NUMBER:  AR20170011732


APPLICANT REQUESTS:  her entry date and discharge date on her DD 214 
(Certificate of Release or discharge from Active Duty) to read 4 November 1998 to 
24 October 2004.

     
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
     DD Form 149 (Application for Correction of Military Record)
     
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 (ABCMR) 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 service record shows she enlisted in the Regular Army on 5 
November 1998.

3.  Circumstances surrounding her discharge are unavailable for review; however, 
her DD Form 214 shows she was released on entry level status due to a disability 
that existed prior to service.

4.  Her record is void of evidence that shows show was discharged in 2004.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  The applicant’s contentions were carefully considered.  Her DD 
Form 4 shows she enlisted in the Regular Army on 5 November 1998.  Her DD Form 
214 clearly shows she was discharged on 4 February 1999; she authenticated the 
form with her signature at the time of separation.  The Board agreed there is 
insufficient evidence to grant relief.


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 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.  By regulation AR 635-40 (Physical Evaluation for Retention, Retirement, or 
Separation), paragraph 5-1(separation of an enlisted Soldier for non-service 
aggravated existed prior to service (EPTS) conditions when Soldier requests waiver 
of PEB evaluation). Separation under the authority of this chapter.is not to be 
confused with separation under the provisions of AR 635-200, chapter 5.  The latter 
provides for involuntary separation within the first 6 months ‘of entry onto active ‘duty 
for failure to meet procurement fitness standards.  If the time period exceeds 6 
months or if the 'condition is disqualifying under. AR 40-501, chapter 3, a. Soldier is 
entitled to evaluation by a Physical Evaluation Board (PEB) or may waive evaluation 
under 'this' chapter.

	a.  The soldier does not meet medical retention standards as determined by the 
Medical Evaluation Board proceeding (MEBD).

	b.  The disqualifying defect or condition existed prior to entry on current period of 
duty and has not been aggravated by such duty.

	c.  After being advised of the right to a full and fair hearing, the Soldier still 
desires to waive Board (PEB) action.

	d.  Soldier has been advised that a PEB evaluation is required for receipt of Army 
disability benefits, but waiver of the PEB will not prevent applying for VA benefits.

	e.  Commanders authorized to effect the discharge ‘of Soldiers under provisions 
of this chapter will effect such discharge expeditiously.  No medical examination will 
be accomplished during separation processing unless there is reason to believe that 
material change has occurred in the soldier's physical or mental condition since his 
or her appearance before the MEBD.

	f.  Unless otherwise indicated, the Soldier will be issued. DD Form 256A 
(Honorable Discharge Certificate) or DD Form 257A (General Discharge Certificate 
(Under Honorable Conditions)): DD Form 214 (Certificate of Release or Discharge 
from Active Duty) will be prepared in each case.  If the Soldier is in entry level status 
at the time of processing, DD Form 214 may describe service as uncharacterized 
(see AR 635-200,'chap 3)':

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170011732

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