ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  27 June 2019

	DOCKET NUMBER:  AR20160015682


APPLICANT REQUESTS: an upgrade of his characterization of service from uncharacterized to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 293 (Application for Review of Discharge from the Armed Forces of the United States)

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, he was discharged from service because he was deemed as "unfit for service" by a medical professional at Fort Leonard Wood due to an insect venom allergy.  Many other service members were then, and are now allowed to continue to serve with the exact same allergy he has and are issued an epipen to counteract the allergy in the event of exposure.  When he went to the doctor to be issued an epipen, as a precautionary measure he was told that he would not be able to complete training or continue service due to this allergy and discharge procedures were initiated.  He feels there was an error in the medical professional’s determination, and that he should have been allowed to serve.  The doctor did not perform a single medical allergy test and did not review any of my previous medical records.  He spent 4 years in Army Junior Reserve Officer Training Corps (JROTC), where he reached the highest rank achievable as a cadet, preparing himself to be the best soldier he could be.  While in basic training, he served honorably and excelled in training while taking the first step to his ultimate goal, of being a career soldier and retiring after 30 years of service.  He feels that he should not have been discharged from service but that cannot be changed, so he is requesting his record to show he served his time honorably with an honorable discharge and he humbly requests that this Board makes that change. 

3.  A review of his service records shows:

	a.  He enlisted on 1 August 2002 in to the Regular Army (RA).

	b.  On 30 August 2002, the applicant was discharged under the provisions of 
Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 5 (Separation for Convenience of the Government), paragraph 5-11 (Failed Medical/Physical Procurement Standards).  His DD Form 214 gives credit for one month of active service.  It shows in:

* item 23 (Type of Separation), Discharge
* item 24 (Character of Service), Uncharacterized
* item 25 (Separation Authority), AR 635-200, Paragraph 5-11
* item 26 (Separation Code), JFW (Failed Medical/Physical Procurement Standards)
* item 27 (Reentry Code), RE-3
* Item 28 (Narrative Reason for Separation), Failed Medical/Physical Procurement Standards

4.  On 26 April 2019, the Army Review Boards Agency medical advisor/ psychologist reviewed the applicant's case and rendered an advisory opinion and opined:

	a.  Based on the available medical record, there is insufficient information available to state whether applicant met retention standards IAW AR 40-501 (Standards of Medical Fitness).

	b.  Based on the report of the applicant, the diagnosis prompting his separation would have been Angioedema related to venom exposure.  Angioedema does not meet procurement standards in accordance with Chapter 2, AR 40-501 which existed prior to service (EPTS).

	c.  Based on the information currently available, it is the opinion of the Agency Medical Advisor that a referral of the applicant’s record to IDES (Integrated Disability Evaluation System) for consideration of military medical retirement is not indicated at this time.  In addition, there are no medical or behavioral conditions that would support a change in the character of the applicant’s discharge.

5.  On 1 May 2019, the applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal.  He did not respond.

6.  By regulation 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 for initial entry training, will be separated.  Medical proceedings, regardless of the date completed, must establish that a medical condition was-identified by appropriate military medical authority within 6 months of the soldier's initial, entrance on active duty for RA. 
7.  In reaching its determination, the Board can consider the applicant's petition, his service record, and his statements in light of the published guidance on equity, injustice, or clemency. 


BOARD DISCUSSION:

1.  After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The governing regulation provides that a separation will be described as an entry-level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status.  As such, his DD Form 214 properly shows his service as uncharacterized.

2.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  As a result, there is no basis for granting the applicant's request.  

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 (AR) 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel.  

	a.  An honorable discharge was a separation with honor and entitled the recipient to benefits provided by law.  The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would have been clearly inappropriate.  

	b.  An entry level status separation, is a separation that will be described as an entry level separation with service uncharacterized if processing is initiated while a soldier is in entry level status

	c.  Chapter 5, in effect at the time, establishes that 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 entry-level status.  No soldier will be awarded a character of service under honorable conditions under this chapter unless the soldier is notified of the specific factors in his/her service record that warrant such a characterization, using the notification procedure.  

	d.  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 for initial entry training, will be separated.  Medical proceedings, regardless of the date completed, must establish that a medical condition was-identified by appropriate military medical authority within 6 months of the soldier's initial, entrance on active duty for RA.

3.  AR 40-501 (Medical Services – Standards of Medical Fitness) governs regulation governs Medical fitness standards for enlistment, induction, and appointment, including officer procurement programs, Medical fitness standards for retention and separation, including retirement, Medical fitness standards for diving, Special Forces, Airborne, Ranger, free fall parachute training and duty, and certain enlisted military occupational specialties (MOSs) and officer assignments.  It also governs Medical standards and policies for aviation, Physical profiles, and Medical examinations.

4.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations.  Clemency generally refers to relief specifically granted from a criminal sentence.  BCM/NRs may grant clemency regardless of the type of court-martial.  However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment.  Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. Army Regulation (AR) 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel.

ABCMR Record of Proceedings (cont)	 AR20160015682


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