IN THE CASE OF: BOARD DATE: 27 March 2020 DOCKET NUMBER: AR20160016781 APPLICANT REQUESTS: Correction of her discharge from the U.S. Army Reserve to a medical discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs (VA) letter FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR 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 her reserve discharge was put under Uncharacterized; however, she was granted 20% disability prior to being discharged. She was not able to continue her training due to an injury. She believes that she should have been discharged under Medical because she received her injuries while on active duty. 3. Review of the applicant’s service records shows: a. She enlisted in the U.S. Army Reserve (USAR) on 12 October 2007. b. She was ordered to active duty for training (ADT) and entered active duty on 24 October 2007. She was assigned to Fort Leonard Wood, MO for completion of basic combat training. c. A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 10 November 2007 shows she began experiencing pain during a 5 kilometer road march. She delayed going on sick call for about 1 week. She was recommended and approved for convalescent leave but was still in pain when returned. Her medical records indicated she complained of bilateral knee and left foot pain that had been ongoing for approximately three (3) weeks when she reported to sick call. Her injury was determined to be in line of duty. d. On 27 February 2008, the applicant was counseled. A memorandum to release her from active duty stated: (1) Due to: Soldier has a temporary medical condition, Bilateral tibia stress fractures, which requires an extended healing period of 6 to 9 months. Soldier should be reinserted into Basic Training approximately week 6, day 1. (2) Soldier is motivated to return to lADT (initial active duty training) within the next year. Soldier will be rescheduled for Basic Training at Fort Leonard Wood, MO within 12 months. Soldier understands that they have to report back to their home unit within 72 hours of release from active duty for further instruction. Soldier is a BCT- NONGRAD. e. She was released from active duty on 21 March 2008 in accordance with chapter 4 of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations) without having completed training, with an uncharacterized discharge. She completed 4 months and 28 days of active service. f. On 21 December 2011, Headquarters, 63rd Regional Support Command, Mountain View, CA published Orders 11-355-00014 discharging her from the USAR effective 28 December 2011 in accordance with AR 135-178 (Army National Guard and Reserve - Enlisted Administrative Separations) with an uncharacterized discharge. 4. She provides a letter, dated 24 September 2016, wherein the VA certified that the applicant is receiving service-connected disability compensation from the Department of Veterans Affairs. The current benefit paid is as follows: Gross Benefit Amount $263.23 Effective Date December 1, 2014 and the Combined Evaluation 20%. 5. By regulation (AR 135-178), an uncharacterized discharge is authorized when a Soldier is in an entry level status. Upon enlistment, a Soldier qualifies for entry level status during (1) The first 180 days of continuous active military service; or (2) The first 180 days of continuous active service after a service break of more than 92 days of active service. Entry level status. Service will be described as uncharacterized if separation processing is initiated while a Soldier is in an entry level status, except in the following circumstances: a. When characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case; or b. The Secretary of the Army, or the Secretary's designated representative, 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 military duty. 6. The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant’s medical records in the Armed Forces Health Longitudinal Technology Application (AHLTA) and Joint Legacy Viewer (JLV) and made the following findings and recommendations: According to the applicant’s DD 214 she entered the Army on 24 October 2007, and separated on 21 March 2008. She did not complete her initial entry training, and was not MOS qualified at the time of her discharge. Her type of separation was “Release from Active Duty Training” IAW AR 635-200, Chapter 4. Her character of service is stated as “Uncharacterized” due to her separation prior to completion of initial entry training. A Line of Duty (LOD) investigation was completed, and determined that the applicant had sustained bilateral tibial stress fractures in the line of duty. Upon her separation, there is a memorandum that indicates that the applicant was to return to complete her basic training at Fort Leonard Wood, MO within 12 months of her separation. There is no indication that the applicant returned to complete her initial entry training or ever became MOS qualified. Because her separation occurred prior to completion of 181 days of continuous active military service, and the applicant was still in an entry-level status at the time of separation, her characterization of discharge was appropriate IAW AR 635-200, and she was returned to her Reserve Unit for further disposition. The applicant was permanently separated and discharged from the Army Reserve on 28 December 2011 IAW AR 135-178, and the type of discharge remained uncharacterized. There is insufficient information contained in the record to indicate if the applicant completed the required Battle Assembly activities with her assigned Reserve Unit between the time of leaving initial entry training and her permanent discharge from the Army Reserve. Although the applicant was provided a 20% service connected rating from the VA, there is no indication that a Medical Evaluation Board (MEB) would have been indicated at the time of her separation from initial entry training. Her AHLTA records indicate that she continued to receive treatment through January of 2011 at a Military Treatment Facility, but also indicate that she became non-compliant with her Physical Therapy recommendations, and failed to keep her follow-up appointment with Orthopedics as scheduled prior to her final discharge from the Army Reserve. Based on the information available, it is the opinion of the Agency Medical Advisor that a referral of the applicant’s record to the Disability Evaluation System (DES) is not indicated at this time, and her discharge as well as the characterization of her discharge is appropriate IAW AR 635- 200. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her period of active duty service and return to her USAR unit of assignment and her USAR discharge. The Board found insufficient evidence to reflect that the applicant completed required training for award of an MOS and that she remained in an initial entry status until her separation. The Board considered the VA service connected disability evaluation and the effective date, as well as the review and conclusion of the Medical Advising Official. The Board did not find, and the applicant did not provide, medical records to support her requested correction as of the time of her separation from the USAR. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation from the USAR 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 :XXX :XXX :XXX 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 135-178 establishes policies, standards, and procedures governing the administrative separation of certain enlisted soldiers of the Army National Guard of the United States and the United States Army Reserve. a. Paragraph 2-7, Separation with an uncharacterized description of service when separated (a) In an entry level status; or (b) By order of release from custody and control of the Army by reason of void enlistment; or (c) By being dropped from the rolls of the Army. Characterization of service as a result of administrative action is governed by this regulation and the service of soldiers is either characterized or uncharacterized when they are separated from the ARNGUS or USAR. b. Paragraph 2-11. Separation where service is uncharacterized. Entry level status. Service will be described as uncharacterized if separation processing is initiated while a soldier is in an entry level status (see glossary), except in the following circumstances: (1) When characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case; or (2) The Secretary of the Army, or the Secretary's designated representative, 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 military duty. c. Entry level status. (1) Upon enlistment, a Soldier qualifies for entry level status during (1) The first 180 days of continuous active military service; or (2) The first 180 days of continuous active service after a service break of more than 92 days of active service. (2) A member of a Reserve component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry level status upon enlistment in a Reserve component. Entry level status for such a member of a Reserve component terminates as follows: (1) 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more; or (2) 90 days after the beginning of the second period of ADT if the soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160016781 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1