ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  7 June 2019

	DOCKET NUMBER:  AR20190003873


APPLICANT REQUESTS:  His uncharacterized discharge be upgraded to an honorable 
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), dated 17 December 2018)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), for the 
period ending 28 February 1990

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 did not meet procurement medical fitness standards due to 
hypertension (high blood pressure) issues.  He did not have any conduct issues while 
he was in the Army.  He enlisted to serve his country but was told by a doctor at 
Moncrief Army Hospital that he was unqualified for active duty.  He believes his 
uncharacterized service in unjust.

3.  The applicant enlisted in the Regular Army on 18 January 1990.

4.  The facts and circumstances pertaining to the applicant's discharge are not available 
for review.  However, his DD Form 214 shows he was discharged on 28 February 1990, 
under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted 
Personnel), paragraph 5-11, for failure to meet procurement medical fitness standards.  
He completed 1 month and 11 days of net active service this period.

5.  Army Regulation 635-200, in affect at that time, set forth the policies, standards, and 
procedures to insure the readiness and competency of the force while providing for the 
orderly administrative separation of enlisted members for a variety of reasons.

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 discussed his statement regarding his medical 
conditions, his discharge after 1 month of service, the absence of his separation packet 
and the determination that he did not meet medical procurement standards.  The Board 
found insufficient evidence to support to support an error or injustice and make a 
change to his character of service at discharge.

2.  After reviewing the application and all supporting documents, the Board determined 
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.  Paragraph 3-7a states 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.

   b.  Paragraph 5-11, in effect at the time, 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 
or active duty training or initial entry training will 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 the military service had it been detected at that time, and the medical condition 
does not disqualify the Soldier from retention in the service under the provisions of Army 
Regulation 40-501, chapter 3.  The characterization of service for Soldiers separated 
under this provision of regulation will normally be honorable, but will be uncharacterized if 
the Soldier is in an entry level status.  Entry level status applied to Soldier who, before the 
date of the initiation of separation action, completed no more than 180 days of continuous 
active duty and demonstrated that they could not or would not adapt socially or emotionally 
to military life.


ABCMR Record of Proceedings (cont)	 AR20190003873

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