BOARD DATE: 3 April 2020 DOCKET NUMBER: AR20160017615 APPLICANT REQUESTS: a change of her uncharacterized discharge to honorable or medical disability separation. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * Basic Training (BT) completion certificate * five Sick Call Forms * Field Artillery Surveyor Course diploma 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 she successfully completed BT in January 2002. At this point, she had no physical limitations. In Feb. 2002, she began experiencing pain in her shin's that became so excruciating that she could no longer complete the 2-mile run. Beginning on 20 February 2002, she sought treatment at Sick Call and was advised to wear soft shoes. Additional Sick Call visits were on 25 and 29 March and 2 April 2002. She successfully completed Advanced Individual Training (AIT) on 6 March 2002. She currently continues to have significant shin problems that were not there prior to her service. 3. The applicant provided her: * certificate, showing she successfully completed BT on 10 January 2002 * five Sick Call Forms (illegible) that she stated showed she reported to sick call between 20 February and 2 April 2002 * diploma, showing she successfully completed the Field Artillery Surveyor Course on 6 March 2002 4. Review of the applicant’s service records show: a. She enlisted in the Regular Army on 10 October 2001, for a period of 4 years. b. Her record is void of any indication she completed AIT and was awarded a military occupational specialty. c. The complete facts and circumstances surrounding her discharge are not available for the Board to review. However, her available records contain the following: (1) A Separation Counseling Checklist, dated 8 April 2002, stating she accepted counseling and she was a training separatee with an uncharacterized discharge. (2) A DD Form 214 (Certificate of Release or Discharge from Active Duty) showing she was discharged from active duty on 10 April 2002, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Separation), chapter 11, by reason of Entry Level Performance and Conduct. Her service was characterized as “Uncharacterized.” This form also shows she completed 5 months and 24 days of net active service. d. There is no indication she petitioned the Army Discharge Review Board for an upgrade of her discharge within its 15-year statement of limitations. 5. The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant’s records in iPERMS, the Armed Forces Health Longitudinal Technology Application (AHLTA), Health Artifacts Image Management Solutions (HAIMS) and the VA’s Joint Legacy Viewer (JLV) and made the following findings and recommendations: The applicant contends that after basic training she could no longer complete the 2 mile run due to her shin splints and reports that she still has issues to this day. The applicant submitted 5 sick call slips from 2002: 20 Feb (soft shoes), 25 Mar (given 9 day profile); 28 Mar (prescreening pregnancy test for the Bone Scan); 29 Mar (Bone Scan); and 02 April 2002 (results of Bone Scan and given 5 day profile). The restrictions noted include running and jumping at her own pace and distance. The official impression of the Bone Scan result was not available for review. But the 02 April note contains the provider’s assessment: “No clinical evidence of severe shin splints”. There were no AHLTA, HAIMS nor JLV records for review. The applicant was discharged during the first 180 days for not meeting entry level standards. A review of the available documentation did not find medical evidence which would support a change or reason for the discharge in this case. 8. By regulation AR 635-200, Soldiers could be separated because of unsatisfactory performance or conduct (or both) while in entry level status. Entry-level status is defined as the first 180 days (6 months) of continuous service. The entry-level separation is given regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not "derogatory" an uncharacterized character of service is not meant to be a negative reflection of a Soldier’s military service; it merely means that the Soldier has not been in the Army long enough for his/her character of service to be rated as honorable or otherwise. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and a review by the ARBA medical advisor. The Board considered the applicant’s statement, her record and length of service, her in-service medical documents, the absence of documentation showing her completion of AIT or award of an MOS and the reason for her separation. The Board also considered the review and conclusion of the medical official. The Board found insufficient evidence of a medical reason for the applicant’s separation and, based on a preponderance of evididence, determined that the character of service the applicant reieved upon separation 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 :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. ADMINISTRATIVE NOTE(S): Not applicable. 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 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. 2. Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. The regulation stated in: a. Paragraph 3-7a – an honorable discharge was a separation with honor. 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 be clearly inappropriate. b. Paragraph 3-9 – a separation would be described as an entry level separation with service uncharacterized if processing was initiated while a Soldier was in entry level status. During the first 180 days of continuous active military service, a member's service was under review. When separated within the first 180 days, service was usually not characterized unless the circumstances of the separation warranted a discharge under other than honorable conditions (misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial). c. Paragraph 11-1 – provided guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status. Separation of a Soldier in entry level status could be warranted on grounds of unsatisfactory performance or unsatisfactory conduct (or both) as evidenced by: * inability * lack of reasonable effort * failure to adapt to the military environment * minor disciplinary infractions d. Paragraph 11-8 – service would be described as uncharacterized under the provisions of this chapter. 3. AR 40-501 (Standard of Medical Fitness), in effect at the time, provided medical retention standards and was used by medical evaluation boards to determine which medical conditions would be referred to a physical evaluation board (PEB). Chapter 3 provided the various medical conditions and physical defects which could render a Soldier unfit for service. 4. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, set forth policies, responsibilities, and procedures that govern the evaluation for physical fitness of Soldiers who could be unfit to perform their military duties because of physical disability. The regulation stated in the mere presence of impairment did not, of itself, justify a finding of unfitness because of physical disability. In each case, it was necessary to compare the nature and degree of physical disability present with the requirements of the duties the member reasonably could be expected to perform because of his/her office, rank, grade or rating. 5. Title 10, U.S. Code (USC), chapter 61 states Soldiers, not otherwise eligible for military retirement, with a disability not the result of intentional misconduct or willful neglect, and with less than a 30 percent disability rating, will receive severance pay. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160017615 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1