ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20180002304 APPLICANT REQUESTS: a change of his characterization of service from uncharacterized to medical discharge 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 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 he was injured while performing activities in Basic Combat Training (BCT). As a result, he was discharged from the Army with a justification of “Failure to meet procurement medical fitness standards.” He contests this determination as the injury that he sustained resulted in the physical limitation that terminated his military service. 3. The applicant did not provide any additional documentation. 4. A review of the applicant’s service records indicates the following on: * 28 March 1998 – he enlisted in the Army Delayed Entry Program with further service in the Army * 9 July 1998 – he was placed on active duty and attended BCT * 30 September 1998 (DA Form 4707/Entrance Physical Standards Board Proceedings) – reflects a recommendation for separation due to physical limitations * 30 October 1998 (Order# 303-2232) – he was reassigned to the Army Transition Point for out-processing with a reporting date of 3 November 1998 and a separation date of 4 November 1998 * 4 November 1998 – he was discharged from the Army under the provisions of Army Regulation (AR) 635-200, paragraph 5-11; reason for separation: failure to meet procurement medical fitness standards 5. AR 635-200 (Enlisted Separations) paragraph 5-11 (Separation of Personnel who did not meet procurement medical fitness standards) states that 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 for initial entry training, will be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the Soldier’s initial entrance on active duty which would have permanently or temporarily disqualified him for entry into the military service or entry on active duty initial entry training had it been detected at that time. 6. Paragraph 5-1 (Characterization of service or description of separation) states that unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions or an uncharacterized description of service if in entry level status. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published guidance for consideration of discharge upgrade requests. The Board considered the applicant’s statement, the length of his service, the Entrance Physical Standards Board proceedings and the reason for his separation. The Board found that the applicant, while still in an initial entry status, was determined to not meet medical fitness standards for enlistment due to a previous injury. The Board found insufficient evidence to counter the results of the EPSBD; the applicant provided his statement but no additional documents. Based on a preponderance of evidence and the applicant’s status at the time, the Board determined that the applicant’s character of service was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 (AR) 635-200 (Enlisted Separations) paragraph 5-11 (Separation of Personnel who did not meet procurement medical fitness standards) states that 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 for initial entry training, will be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the Soldier’s initial entrance on active duty which would have permanently or temporarily disqualified him for entry into the military service or entry on active duty initial entry training had it been detected at that time. 3. Paragraph 5-1 (Characterization of service or description of separation) states that unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions or an uncharacterized description of service if in entry level status. ABCMR Record of Proceedings (cont) AR20180002304 4 1