IN THE CASE OF: BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20190002878 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 22 December 1997, to show his 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 23 January 2019 * DD Form 214, for the period ending 22 December 1997 * five pages of Department of Veterans Affairs (VA) decisional documents 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 he was discharged medically after suffering a broken wrist (for which he had two surgeries, including the removal of his scaphoid bone and fusing of wrist with staples). From his understanding, all characterizations for anyone serving under 180 days are "uncharacterized." All of his documentation from the VA shows his service was honorable; however, his lending institution [United Services Automobile Association] will not accept any of that paperwork for membership. 3. The applicant enlisted in the Regular Army on 6 October 1997. 4. The applicant's available records do not contain any service medical records nor any of his separation processing documents. There is no evidence of a medical issue, incurred on active duty, of such severity that warranted his referral to the Army Physical Disability Evaluation System. 5. The applicant is not shown to have completed his advanced individual training with award of a military occupational specialty. 6. The applicant was discharged on 22 December 1997. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, for failing to meet procurement medical fitness standards. His DD Form 214 shows he had 2 months and 17 days of active duty service and his service was uncharacterized. 7. Since the applicant had less than 90 days of service, had not completed training, and was not awarded a military occupational specialty, the uncharacterized separation was mandated by regulation. 8. The applicant provides VA documents that show the VA reviewed his records and determined that for considered VA benefits, his service was considered under honorable conditions. Consequently, the VA awarded him a 10 percent disability evaluation. The available VA records do not include evidence of what condition for which the disability evaluation was granted. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, regulatory requirements, and published DoD guidance for consideration of discharge upgrade requests. The Board noted that the applicant completed had less than 90 days active service, had not completed training, and was not awarded a military occupational specialty. I accordance with regulations, the Board found the uncharacterized character of service equitable and correct under the circumstances. Based on a preponderance of evidence, the Board determined that there was no error or injustice in the applicant’s discharge or character of service, or basis for clemency. 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. 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 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. 3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 1-32 provides that medical examinations are required for Soldiers being processed for separation under paragraph 5-11. Medical examinations incident to separation under other provisions of this regulation are not required but will be administered if requested in writing by the Soldier. Separation will not be delayed for completion of the physical; however, the physical may be completed at a VA facility. b. Paragraph 3-9a provides that a separation will be described as entry-level, with service uncharacterized, if processing is initiated while a Soldier is in entry-level status, except when: (1) characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case; (2) the Secretary of the Army, on a case-by-case basis, determines that a Honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty; or (3) the Soldier has less than 181 days of continuous active military service, has completed Initial Entry Training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment. c. Paragraph 5-11 states 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, may be separated. Such conditions must be discovered during the first six months of active duty. Such findings will result in an entrance physical standards board. This board must be convened within the Soldier's first six months of active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190002878 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190002878 4 ABCMR Record of Proceedings (cont) AR20190002878 3