ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 May 2019 DOCKET NUMBER: AR20180015431 APPLICANT REQUESTS: His uncharacterized discharge be changed to an under honorable conditions (general) discharge. 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) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, 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 was told by a doctor that he, in effect, could have received a medical discharge with an under honorable conditions (general) character of service. He would like to apply and be approved for a Department of Veterans Affairs (VA) mortgage [home loan guarantee]. 3. The applicant enlisted in the Regular Army on 2 October 1991. 4. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 22 January 1992, shows the applicant was found medically unfit for enlistment due to a condition(s) that existed prior to the applicant’s service. The evaluating physician determined he was medically cleared for separation and recommended that he be separated from service under the provisions of Army Regulation 40-501 (Standard of Medical Fitness), Chapter 2, paragraph 2-11d. The DA Form 4707 also shows the following: * he concurred with the proceedings and requested to be discharged on 23 January 1992 * his immediate commander recommended that he be discharged on 23 January 1992 and the separation authority approved his commander's recommendation on 24 January 1992 5. The applicant was discharged on 4 February 1992, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, following his completion of four month and three days of active service. His DD Form 214 shows his service was uncharacterized and his narrative reason for separation was determined to be "Did Not Meet Procurement Medical Fitness Standards – No Disability." 6. Army Regulation 40-501, in effect at the time, provides information on medical fitness standards for induction, enlistment, appointment, and retention and related policies and procedures. 7. Army Regulation 635-200, in effect at the time, sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The governing regulation provides that a separation will be described as an entry-level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status. The applicant underwent an EPSBD that determined he was unqualified for retention in the military service because of physical disability that was found to have existed prior to his entry into active service. The EPSBD also found the disability neither incident to nor aggravated by his military service. Pursuant to the EPSBD, the applicant’s chain of command recommended and the separation authority approved his separation from service for unstable right shoulder. The applicant served less than 180 days on active duty. As such, his DD Form 214 properly shows his service as uncharacterized. 2. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request. 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, U.S. Code, 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 40-501, in effect at the time, provides information on medical fitness standards for induction, enlistment, appointment, and retention and related policies and procedures. a. Paragraph 2-2, applicants for enlistment in the Regular Army. For medical conditions or physical defects predating original enlistment, these standards are applicable for enlistees' first 6 months of active duty. (However, for members of the ARNG or USAR who apply for enlistment in the Regular Army or who reenter active duty for training under the "split-training" option, the standards of chapter 3 are applicable.) b. Paragraph 2-11, dislocation, old, unreduced; substantiated history of recurrent dislocations of major joints; instability of a major joint, symptomatic and more than mild; or if, sub­sequent to surgery, there is no evidence of more than mild instability in comparison with the normal joint, weakness or atrophy in comparison with the normal side, or if the individual requires medical treatment of sufficient frequency to interfere with the performance of military duty. 3. Army Regulation 635-200, in effect at the time, sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Paragraph 3-9 provides 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 characterization of under other than honorable conditions was authorized when 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. b. Paragraph 5-11 provides 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. A 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). c. The character of service for Soldiers separated under this provision would normally be honorable, but would be uncharacterized if the Soldier were 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. d. Entry-level status is defined as the first 180 days of continuous active service for Regular Army Soldiers. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180015431 4 1