ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 May 2020 DOCKET NUMBER: AR20180007305 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her character of service 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) * DD Form 214 for the period ending 30 May 2000 REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. 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. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate. 4. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), in effect at the time, set policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Chapter 5 provided that Soldiers on active duty may be separated for the convenience of the government. a. Paragraph 5-1 provided that unless the reason for separation required a specific characterization, a Soldier being separated for the convenience of the government would be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status. b. Paragraph 5-11 provided that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment, or became medically disqualified under these standards prior to entry on active duty or active duty for training for initial entry training would be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified within 6 months of the Soldier's initial entrance on active duty which: (1) would have permanently or temporarily disqualified him or her for entry into military service or entry on active duty or active duty for training for initial entry training had it been detected at that time, and (2) does not disqualify him or her for retention in military service under the provisions of Army Regulation 40-501 (Standards of Medical Fitess), chapter 3. c. The glossary defined entry-level status for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the 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 she had no complications with her knees prior to entering the Army. If the condition was present beforehand, it was aggravated by military service. Prior to being sworn in, she passed every test and completed each task assigned to her with no medical problems found. 3. On 12 January 2000, she enlisted in the Regular Army in the rank/grade of private/ E-2. 4. Her records are void of the specific facts and circumstances surrounding her separation processing. 5. Headquarters, U.S. Signal Corps and Fort Gordon, Orders 144-0902, dated 23 May 2000, reassigned her to the U.S. Army Transition Point, Fort Gordon, for transition processing effective 30 May 2000 with a discharge date of 30 May 2000. 6. On 30 May 2000, she was discharged by reason of failure to meet procurement medical fitness standards under the provisions of Army Regulation 635-200, paragraph 5-11. Her DD Form 214 shows: * she completed 4 months and 19 days of active service during this period * she was not awarded a primary military occupational specialty * she did not complete any military education * she did not complete her first full term of service * her service was uncharacterized 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 record and length of service, the absence of a separation packet or evidence of an in-service injury and the reason for her separation. The Board considered the policy specific to uncharacterized discharges. Based on a 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 :XXX :XXX :XXX 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): An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not served on active duty long enough for his or her service to be characterized. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180007305 4 1