AR20150009762

IN THE CASE OF:

BOARD DATE: 7 April 2016

DOCKET NUMBER: AR20150009762

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

____x___ ____x___ ___x_____ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 7 April 2016

DOCKET NUMBER: AR20150009762

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.

_____________x____________
CHAIRPERSON

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.

IN THE CASE OF:

BOARD DATE: 7 April 2016

DOCKET NUMBER: AR20150009762

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests upgrade of his uncharacterized discharge to an honorable discharge.

2. The applicant states he wants this upgrade in order to obtain veteran benefits.

3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2. The applicant enlisted in the United States Army Reserve on 3 January 1983. He was ordered to active duty for training on 16 February 1983 and assigned to Fort Leonard Wood, Missouri for enrollment in basic combat training.

3. On 24 February 1983, the applicant appeared before an Entrance Physical Standards Board (EPSBD).

a. He had complained of a sharp pain in the plantar aspect of his arches. Onset was insidious with pain progressively severe so that he could not run, march or stand in formation without severe pain. He was still in the Reception Station.

b. He was assessed with having pes equinoplanus and was found unfit for enlistment. He was recommended for discharge for a medical condition that existed prior to service (EPTS).

c. On 8 March 1983, the appropriate authority approved the findings.

d. On 11 March 1983, the applicant concurred with the proceedings and requested to be discharged without delay.

e. On 11 March 1983, the separation authority directed he be discharged from the Army. He was discharged on 16 March 1983.

4. The applicants DD Form 214 shows he was discharged under the provisions Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, by reason of failure to meet procurement medical fitness standards, and he received an “Uncharacterized” description of service. This document also confirms that as of the date of his separation he had completed
1 month and 1 day of active duty military service.

5. There is no indication the applicant petitioned the Army Discharge Review Board (ADRB) for an upgrade of or change of reason for his discharge within that board’s 15-year statute of limitations.

REFERENCES:

1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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 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 Soldiers 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 (Standards of Medical Fitness), 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.

2. Entry level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days of active service. It further states that the character of service for members separated under the provisions of chapter 11 will be uncharacterized. For the purposes of characterization of service, the Soldier’s status is determined by the date of notification as to the initiation of separation proceedings.

DISCUSSION:

1. The applicant requests to have his discharged upgraded to honorable in order to obtain veterans benefits.

2. The available evidence shows the applicant was medically evaluated and found unfit for military service due to an EPTS condition. He concurred with the EPSBD proceedings and requested immediate discharge.

3. The evidence of record confirms the separation action was initiated while he was in an entry level status, prior to his completing 180days of continuous active military service. As a result, his service was appropriately described as “uncharacterized.” An honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. There are no such circumstances present in his record.

4. The record shows his separation processing was accomplished in accordance with the applicable regulations. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

5. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

6. Further, the applicant’s desire to obtain veterans benefits is insufficient justification upon which to upgrade his characterization to honorable.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009762

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009762

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2