IN THE CASE OF:  

BOARD DATE:  17 December 2019

DOCKET NUMBER:  AR20180003538


APPLICANT REQUESTS:  his entry level status discharge be upgraded to an honorable 
discharge, by reason of medical disability.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552), dated 2 February 2018, with statement
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), for the 
period ending 13 October 1983

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 states he passed all the physical requirements for service.  He was 
injured during basic training and spent time in the hospital.  He signed a number of 
documents and was sent home.  He has had to deal with a lifetime of treatment for this 
injury.  He believes he deserves an honorable not general discharge.

3.  The applicant enlisted in the Regular Army on 16 September 1983.

4.  A DA Form 4707 (Entrance Physical Standards Board (EPSB) Proceedings) notes 
the applicant started exercises on the first day of training and developed severe 
incapacitating low back pain, requiring two weeks of bed rest.  The pain was similar to 
an episode that had occurred three to four years prior to his enlistment.  The EPSB 
determined the condition had existed prior to service and was not aggravated by 
service.

5.  The applicant concurred with the findings and determination on 4 October 1983.

6.  The applicant was discharged on 13 October 1983, under the provisions of Army 
Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, 
while in an entry level status.  The DD Form 214 he was issued shows he did not meet 
procurement medical fitness standards ? no disability.

7.  The applicant has not provided and the available record contains no evidence that 
confirms he sustained an injury while on active duty.

8.  With respect to the applicant's request, an entry-level separation is an 
uncharacterized separation; entry-level status terminates 180 days after beginning 
training.  

BOARD DISCUSSION:

The Board carefully considered the applicant's request, supporting documents, and 
evidence in the records.  The Board agreed the record supports the conclusion of the 
EPSB that the applicant had a condition that existed prior to service and the condition 
did not meet procurement medical fitness standards.  The condition was identified while 
the applicant was still in an entry-level status.  By a preponderance the evidence, the 
Board determined the fact that the applicant's service was uncharacterized is neither an 
error nor an injustice. 


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.  Title 10, United States Code, chapter 61, provides disability retirement or separation 
for a member who is physically unfit to perform the duties of his office, rank, grade or 
rating because of disability incurred while entitled to basic pay.

3.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The regulation provides that the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.

4.  Army Regulation 635-200 set forth the basic authority for the separation of enlisted 
personnel.  Chapter 3 described the different characterizations of service.

	a.  An honorable discharge is a separation with honor.  The honorable 
characterization is appropriate when the quality of the Soldier'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.  Only the honorable characterization may be awarded a Soldier upon 
completion of his/her period of enlistment or period for which called or ordered to active 
duty or active duty for training, or where required under specific reasons for separation, 
unless an entry-level status separation (uncharacterized) is warranted.

	b.  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. A characterization of under 
honorable conditions may be issued only when the reason for the Soldier’s separation 
specifically allows such characterization.

	c.  An entry-level separation with service uncharacterized is appropriate if 
processing is initiated while a Soldier is in an entry-level status, except in the following 
circumstances:

		(1)  when characterization of under other than honorable conditions is authorized 
under the reason for separation and is warranted by the circumstances of the case or

		(2)  when the Secretary of the Army, on a case-by-case basis, determines that an 
honorable characterization of service is clearly warranted by the presence of unusual 
circumstances involving personal conduct and performance of duty.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180003538


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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