ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  28 March 2019

	DOCKET NUMBER:  AR20160015184


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show she received an honorable vice an 
uncharacterized 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 line 24 (Character of Service) of her DD Form 214 says 
Uncharacterized.  She was medically discharged and currently receives disability for a 
service-connected disability.  On her eBenefits portal and the Department of Veterans 
Affairs (VA) certificate of service letter, both state that she has an honorable discharge. 
This needs to be updated on her DD Form 214.  She was medically discharged and 
currently receives service-connected disability for a service connected disability.  

3.  Review of the applicant's service record shows: 

	a.  She enlisted in the Regular Army on 14 March 2011.  She was assigned to Fort 
Jackson, SC for training.

	b.  Her DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) 
shows during the first month of training, she was seen for an EPTS (existed prior to 
service) discharge due to asthma.  She was never diagnosed previously.  She was 
unable to continuer training.  The examining medical officer recommended  she be 
separated from the Army for failure to meet medical procurement standards of Army 
Regulation (AR) 40-501 (Standards of Medical Fitness), paragraph 2-23d.  

	c.  On 5 April 2011, the medical approving authority approved the findings shown on 
the DA Form 4707 as stated/diagnosed by the medical doctors and stated on his 
narrative summary.

	d.  On 5 April 2011,  the applicant's EPSBD Proceedings were forwarded to the 
applicant's unit for appropriate action in accordance with of Army Regulation 635-200 
(Personnel Separations – Enlisted Personnel), paragraph 5-11.

	e.  On 7 April 2011, she acknowledged she understood that legal advice of an 
attorney employed by the Army was available to her and that she also could consult 
with a civilian counsel at her own expense.  She also acknowledged that she could 
request to be discharged from the Army without delay or request retention on active 
duty.  After counseling, the applicant concurred with the proceedings and requested to 
be discharged from the Army without delay.

	f.  On 7 April 2011, the unit commander recommended the applicant's separation, 
and on 8 April 2011, the discharge authority approved the applicant's separation from 
the Army under the provisions of AR 635-200, paragraph 5-11, by reason of failure to 
meet procurement medical fitness standards.

      g.  She was discharged accordingly on 19 April 2011.  Her DD Form 214 shows 
she completed 1 month and 6 days of creditable active service.  Her DD Form 214 
shows she was discharged under the provisions of AR 635-200, paragraph 5-11.  The 
narrative reason for separation shows "FAILED MEDICAL/PHYSICAL PROCUREMENT 
STANDARDS" and her service was uncharacterized.

4.  By regulation:

	a.  A member's service is under review during the first 180 days of continuous active 
military service.  When separated within the first 180 days, service is usually not 
characterized unless the circumstances of the separation warrant a discharge under 
other than honorable conditions.  An honorable characterization may be issued only if 
the service clearly warrants that characterization by unusual circumstances of personal 
conduct and performance of military duty and is approved by the Secretary of the Army.

	b.  In all other circumstances, an entry-level (uncharacterized) separation is issued 
regardless of the reason for separation.  An uncharacterized discharge is neither 
positive nor negative; it is not derogatory.  It simply means the Soldier did not serve on 
active duty long enough for his or her service to be rated.



BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board found that relief 
was not warranted.  Based upon the applicant being separated within the first 180 days 
of military service, the Board found that the characterization of service received at the 
time of discharge was appropriately designated as uncharacterized. 

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 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 sets forth the basic authority for separation of enlisted 
personnel.  

	a.  Paragraph 5-11 specifically provides that Soldiers who are 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, 
active duty for training, or initial entry training will be separated.  A medical proceeding 
conducted by an EPSBD, 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, the condition would have permanently or 
temporarily disqualified the Soldier for entry into the military service had it been 
detected at the time of enlistment, 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 
will normally be honorable, but will be uncharacterized if the Soldier has not completed 
more than 180 days of creditable continuous active duty service prior to the initiation of 
separation action.

	b.  An uncharacterized separation is an entry-level separation.  A separation will be 
described as an entry-level separation if processing is initiated while a member is in 
entry-level status, except when characterization under other than honorable conditions 
is authorized by the reason for separation and is warranted by the circumstances of the 
case or when the Secretary of the Army, on a case-by-case basis, determines that 
characterization of service as honorable is clearly warranted by the presence of unusual 
circumstances involving personal conduct and performance of duty.

	c.  Paragraph 3-7a provides 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.

3.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or 
Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to 
perform their military duties because of physical disability.  It states that according to 
accepted medical principles, certain abnormalities and residual conditions exist that, 
when discovered, lead to the conclusion that they must have existed or have started 
before the individual entered the military service.  Examples are manifestation of lesions 
or symptoms of chronic disease from date of entry on active military service (or so close 
to that date of entry that the disease could not have started in so short a period) will be 
accepted as proof that the disease existed prior to entrance into active military service.  

4.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness 
standards for enlistment, induction, appointment, retention, and separation.  Chapter 2 
provides the physical standards for enlistment/induction.  Paragraph 2-23 refers to 
Asthma, including reactive airway disease, exercise-induced bronchospasm or 
asthmatic bronchitis, reliably diagnosed and symptomatic after the 13th birthday, does 
not meet the standard.  Reliable diagnostic criteria may include any of the following 
elements: substantiated history of cough, wheeze, chest tightness, and/or dyspnea that 
persists or recurs over a prolonged period of time, generally more than 12 months.

ABCMR Record of Proceedings (cont)	 AR20160015184

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