IN THE CASE OF:

BOARD DATE:  13 December 2019

DOCKET NUMBER:  AR20180006800


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 1 August 1997, to show her service 
was characterized as honorable.

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 24 April 2018
*	DD Form 214, for the period ending 1 August 1997

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S. 
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, in effect:

	a.  She completed over I80 days of active duty service.  She was discharged due to 
stress fractures & issues with her feet.  She had never had any issues with her feet prior 
to her Army service.  Her discharge was not due to any misconduct.  She believes her 
service records show her time was honorable.

	b.  She met the following requirements: (a) she had fewer than 180 days of active 
service on discharge. She had over 180 days of active service.  She completed basic 
training and was in the process AIT when her stress fracture injury presented.  (b) 
Demonstrate poor proficiency, conduct, aptitude or unsuitability for further service 
during the period from enlistment through recruit training.  During her time, this was 
never called into question.  c) Exhibit minor pre-existing medical issues not of a 
disabling nature which do not meet the medical/physical procurement standards in 
place for entry into service.  She never had any pre-existing foot issues.

3.  In preparation for enlistment in the U.S. Army Reserve (USAR), the applicant 
underwent an initial entry examination on 22 October 1996, during which the examining 
physician found her qualified for enlistment.

4.  The applicant enlisted in the USAR Delayed Entry Program on 23 October 1996. 
She enlisted in the Regular Army on 10 January 1997.

5.  The applicant service record contains a DA Form 2173 (Statement of Medical 
Examination and Duty Status) that shows she was examined on 14 January 1997, after 
complaining of right knee pain after marching to the barracks carrying her duffel bag.  
The form was reviewed by higher headquarters for completeness on 3 March 1997.  

6.  The applicant's record is void of a separation packet containing the specific facts and 
circumstances surrounding her discharge processing.  However, the DD Form 214 she 
was issued shows she was discharged on 1 August 1997, under the provisions of Army 
Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, for 
failing to meet procurement medical fitness standards.  She was credited with 
completing six months and twenty two days of net active service and was not awarded a 
military occupational specialty.  Her service was uncharacterized.

7.  Soldiers are considered to be in an entry-level status when they are within their first 
180 days of active duty service.  The evidence of record shows the applicant was in an 
entry-level status at the time her separation processing commenced.  As a result, her 
service was appropriately described as "uncharacterized" in accordance with governing 
regulations.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and published DoD guidance for consideration of discharge 
upgrade requests.  The Board considered the applicant’s statement, her service records 
to include a DA Form 2173, the initiation of separation processing, the absence of a 
separation packet and the reason for her separation.  The Board found the applicant to 
be in an entry-level status at the time separation processing was initiated and that the 
applicant did not complete training in order to be awarded an MOS.  Based on the 
preponderance of evidence, the Board determined that the character of service the 
applicant received upon separation 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 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.
	a.  Chapter 3 provides that a separation will be described as entry level with 
uncharacterized service if the Soldier has less than 180 days of continuous active duty 
service at the time separation action is initiated.

	b.  Paragraph 3-7a provides that an honorable discharge is a separation with honor 
and entitles the recipient to benefits provided by law.  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.

	c.  Paragraph 3-9, in effect at the time of the applicant's separation, provided that a 
separation would be described as entry level with uncharacterized service if processing 
was initiated while a Soldier was in an entry-level status, except when:

		(1)  a discharge under other than honorable conditions was authorized, due to 
the reason for separation and was warranted by the circumstances of the case; or

		(2)  the Secretary of the Army, on a case-by-case basis, determined a 
characterization of service as honorable was clearly warranted by the presence of 
unusual circumstances involving personal conduct and performance of duty.  This 
characterization was authorized when the Soldier was separated by reason of selected 
changes in service obligation, for convenience of the government, and under Secretarial 
plenary authority.

	d.  Paragraph 5-11 provided 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 entrance on active duty, active 
duty for training, or initial entry training would be separated.  Medical proceeding, 
regardless of the date completed, must establish that a medical condition was identified 
by appropriate medical authority within six months of the Soldier's initial entrance on 
active duty, that the condition would have permanently or temporarily disqualified the 
Soldier for entry into military service had it been detected at that time, and the medical 
condition did not disqualify the Soldier from retention in the service under the provisions 
of Army Regulation 40-501(Standards of Medical Fitness).

	e.  The character of service for Soldiers separated under this provision would 
normally be honorable, but would be uncharacterized if the Soldier was in an entry-level 
status.  An uncharacterized discharge is neither favorable nor unfavorable; in the case 
of Soldiers issued this characterization of service, an insufficient amount of time would 
have passed to evaluate the Soldier's conduct and performance.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180006800

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

1
ABCMR Record of Proceedings (cont)	 AR20180006800


4
ABCMR Record of Proceedings (cont)	AR20180006800


3