IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012001 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012001 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: 11 August 2016 DOCKET NUMBER: AR20150012001 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 her uncharacterized discharge be upgraded to an honorable discharge. 2. The applicant states she is trying to qualify for educational services with Easter Seals. She was released from the service due to a medical condition, for which she received 20 percent (%) disability. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 16 November 1998 * DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 20 October 1998 * memorandum from Commander, Company A, 795th Military Police (MP) Battalion, Fort McClellan, AL to Commander, 795th MP Battalion, dated 6 November 1998, subject: Private (PVT) (Applicant), XXX-XX-4661 * DA Form 2-1 (Personnel Qualification Record – Part II), prepared on 11 September 1998 * two letters from the Department of Veterans Affairs (VA) to the applicant, date unreadable * VA Rating Decision, dated 19 February 2016, in a name other than the name the applicant is identified by on her application * VA Entitlement Letter, dated 23 February 2016, in a name other than the name the applicant is identified by on her application CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 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 Regular Army on 10 September 1998. She was assigned to Company A, 795th MP Battalion, Fort McClellan, AL, for training. 3. A DA Form 4707, dated 20 October 1998, shows an EPSBD found that she did not meet the medical fitness standards for enlistment in accordance with Army Regulation 40-501 (Standards of Medical Fitness), paragraph 2-11(b) (chronic bilateral retropatellar (knee) pain syndrome). a. The EPSBD noted her prognosis to ever complete training was very, very poor and that she also requested that she be given a profile for no prolonged standing, in addition to her other limitations on duty. b. She was given a permanent profile "P3" that specified no crawling, stooping, running, jumping, marching, or mandatory physical activity. c. The EPSBD recommended that she be separated from military service in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, by reason of not meeting procurement medical fitness standards. 4. The medical approving authority approved the findings of the EPSBD on 2 November 1998 and forwarded the recommended course of action to the unit commander for disposition. 5. The applicant was informed of the medical findings on 4 November 1998. She acknowledged she understood that legal advice of an attorney employed by the Army was available to her or that she could consult civilian counsel at her own expense. She also acknowledged she understood that she could request to be discharged without delay or to request retention on active duty. If retained, she could be involuntarily reclassified into another military occupational specialty based upon her medical condition. On the same date, she concurred with the proceedings and requested she be discharged from the Army without delay. 6. Her immediate commander recommended her separation from the Army on 9 November 1998. On the same date, the separation approving authority directed her discharge from the Army. 7. Her DD Form 214 shows she was discharged on 16 November 1998, under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of failure to meet procurement medical fitness standards. She was issued an "uncharacterized" character of service. 8. There is no indication she applied to the Army Discharge Review Board for an upgrade to her discharge within its 15-year statute of limitations. 9. She provides the following documents that have not already been discussed above: a. A memorandum from the Commander, Company A, 795th MP Battalion, Fort McClellan, AL, to the Commander, 795th MP Battalion, subject: (Applicant), dated 6 November 1998. Her commander interviewed her and determined she did not attempt to join the military solely to gain medical or veteran's benefits. Her commander also stated that due to the debilitating nature of her medical condition, she was unable to complete any training. b. DA Form 2-1, prepared on 11 September 1998, which she submitted as proof of her military service. c. Four VA documents that outline her medical conditions and evaluate her for veterans benefits, dated from July 2015 to February 2016. It shows her medical condition of chronic bilateral retropatellar (knee) pain syndrome being evaluated at a 20% disability rating. REFERENCES: 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 provided 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) an under other than honorable conditions characterization was authorized by 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. Entry-level status is defined as the first 180 days of continuous active service for Regular Army Soldiers. c. Paragraph 5-11 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, 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 6 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. The character of service for Soldiers separated under this provision would normally be honorable, but would be uncharacterized if the Soldier was in an entry-level status. DISCUSSION: 1. The applicant's request that her uncharacterized discharge be changed to an honorable discharge was carefully considered. 2. The evidence of record shows that within 6 months of her entrance on active duty, she was found to have a medical condition that would have permanently or temporarily disqualified her from entry into military service but did not disqualify her from retention. Additionally, when informed of the medical findings, she concurred with them and requested to be discharged from the Army without delay. 3. The evidence of record also shows she was in an entry-level status at the time of her separation. As a result, her service was appropriately described as "uncharacterized" in accordance with governing regulations. All requirements of law and regulation were met and her rights were fully protected throughout the separation process. 4. 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 her records. 5. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012001 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012001 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2