ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  23 September 2019

	DOCKET NUMBER:  AR20190010027


APPLICANT REQUESTS:  amendment of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to reflect honorable discharge in lieu of general discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records 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:

	a.  He entered the Army after a previous back issue and was coached by his 
recruiter to omit this from the application to allow for his entrance into the Army.

	b.  During training, he was injured and his back was treated in the military hospital at 
Fort Sill, OK.  He reported the information and had a discussion with an investigative 
team during and after his discharge.  While he wanted to continue his career in the 
Army, he was discharged per the physician’s recommendation and sent home.  He was 
told he could later have this changed due to unfair recruiter practices.

	c.  He doesn’t have any records pertaining to any of this as they were all collected at 
the time of the investigation by senior Army personnel.  He wants this corrected to 
remove this blemish from his record.  He would like to be able to access Department of 
Veterans Affairs benefits and get a new identification card.

3.  The applicant enlisted in the Regular Army on 10 October 1986.

4.  The complete facts and circumstances surrounding his injury and discharge are not 
in his available records for review.

5.  His records contain a DA Form 2496 (Disposition Form), dated 27 October 1986, 
which shows:

*	the applicant was being  processed for discharge from the Army under the 
provisions of paragraph 5-11, Army Regulation 635-200 (Personnel 
Separations – Enlisted Personnel) because of a medical condition which did not 
meet medical fitness standards for procurement
*	while the applicant was awaiting approval of the Entrance Physical Standards 
Board Proceedings, he was given a physical profile with limitations of no 
crawling, stooping, running, jumping, marching or standing, no strenuous 
physical activity, and no assignment requiring the handling of heavy materials

6.  After completion of 1 month and 4 days of net active service, his DD Form 214 
shows he was discharged on 13 November 1986, under the provisions of Army 
Regulation 635-200, paragraph 5-11, for failure to meet procurement medical fitness 
standards – no disability.  Item 24 (Character of Service) shows “entry level status.”

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, his record and 
length of service, the profile issued pending Entrance Physical Standards Board 
Proceedings, his entry-level status and the reason for his separation.  The Board found 
insufficient evidence to show he met procurement medical fitness standards and the 
applicant provided no evidence to support that he didn’t meet those standards.  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

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 Army Board for Correction of Military Records 
(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 (Personnel Separations – Enlisted Personnel), sets forth 
the basic authority for the separation of enlisted personnel.

	a.  Paragraph 5-1 states unless the reason for separation requires a specific 
characterization, a Soldier being separated for the convenience of the government will 
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 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 or active duty 
for training for initial entry training may be separated.  Such conditions must be 
discovered during the first 6 months of active duty.  For character of service, 
paragraph 5-1 should be adhered to.

	c.  Section II (Terms) of the Glossary defines 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.

3.  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. 

//NOTHING FOLLOWS//


ABCMR Record of Proceedings (cont)	 AR20190010027

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