ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:    27 March 2020DOCKET NUMBER:  AR20160018040 


APPLICANT REQUESTS:  correction of her military records to show she was discharged for a medical disability. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DD Form 214 (Certificate of Release or Discharge from Active Duty)



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the ABCMR conducted a substantive review ofthis case and determined it is in the interest of justice to excuse the applicant's failure totimely file.

2.The applicant states she was discharged due to injuries sustained during basictraining and advanced individual training (AIT) that resulted in chronic migraines andheat exhaustion.  The chronic migraines and heat exhaustion could have contributed toany performance issues that resulted in her discharge.  Prior to the migraines and heatexhaustion, she received the Sharpshooter Marksmanship Qualification Badge withGrenade Bar and Marksman Marksmanship Qualification Badge with Rifle Bar.  Thisdemonstrates superior performance for a private in training.  This alone shows that thebasis for medical separation.

3.A review of the applicant’s service record shows:

a.She enlisted in the U.S. Army Reserves (USAR) on 8 January 1997 and enteredinitial active duty for training (IADT) on 29 January 1997.  She was assigned to Fort Jackson, SC for training. 

b.Her service record is void of the complete facts and circumstances surroundingher discharge.  However, her record contains a DD Form 214 that shows she was discharged from active duty on 2 September 1975 under the provision of, Army 
Regulation (AR) 635-200 (Personnel Separations), chapter 11 (Entry Level Performance and conduct)  Her DD Form 214 also shows: 

.her service was uncharacterized

.she completed 4 months and 22 days of active service.



c.Her service record is void of a permanent physical profile or a diagnosis of amedical condition that failed retention standards. 

d.There is no indication she petitioned the Army Discharge Review Board for anupgrade of her discharge within its 15-year statement of limitations. 

4.The Army Review Board Agency (ARBA) Medical Advisor reviewed the supportingdocuments and the applicant’s medical records in the Armed Forces Health LongitudinalTechnology Application (AHLTA), Health Artifacts Image Management Solutions(HAIMS) and Joint Legacy Viewer (JLV) and made the following findings andrecommendations: The applicant Twana Pearson, without a primary MOS, is requestinga change in discharge from Uncharacterized to medical discharge.  Search throughAHLTA did not show any encounters.  The first record in JLV is an Interdisciplinary Notein November 2015 —too far removed from discharge (20 June 1997) to establish anexus to the reason for separation from the military.  In the application, the applicantindicated further evidence would be submitted.  At this time, based on review of theavailable documentation, evidence is insufficient to support referral to the Army DES forconsideration of medical disability.

5.By regulation (AR 635-200), an entry level separation (uncharacterized) is used forseparation under these proceedings.  Entry-level status is defined as the first 180 daysof continuous service.  The entry-level separation is given regardless of the reason forseparation.  An uncharacterized discharge is neither positive nor negative; it is not"derogatory" an uncharacterized character of service is not meant to be a negativereflection of a Soldier’s military service; it merely means that the Soldier has not been inthe Army long enough for his or her character of service to be rated as honorable orotherwise.

6.By regulation (AR 635-40 - Physical Evaluation for Retention, Retirement, orSeparation), a Soldier may be discharged from the Army for not meeting retentionstandards in accordance with chapter 3 of AR 40-501 (Standards of Medical Fitness)and awarded a disability rating assigned by the Army’s disability system.  Only theunfitting conditions or defects and those which contribute to unfitness will be consideredin arriving at the rated degree of incapacity warranting retirement or separation fordisability.


BOARD DISCUSSION: 

1.The Board carefully considered the applicant’s request, supporting documents,evidence in the records and published DoD guidance for consideration of dischargeupgrade requests.  The Board considered the applicant’s statement, her record andlength of service, the absence of a separation packet and the reason for her separation.The Board found insufficient evidence to show that the applicant completed requiredtraining and was awarded an MOS; evidence shows she remained in an entry-levelstatus at the time of her separation.  The Board considered the review and conclusion ofthe Medical Advising official.  Based on a preponderance of evidence, the Boarddetermined that the character of service the applicant received upon separation was notin error or unjust.

2.After reviewing the application and all supporting documents, the Board found thatrelief 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. 



XCHAIRPERSON

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 forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3 year statute of limitations if the Army Board forCorrection of Military Records (ABCMR) determines it would be in the interest of justiceto do so.

2.Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), ineffect 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.  Thehonorable 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 3-7b – a general discharge was a separation from the Army underhonorable conditions.  When authorized, it was issued to a member whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. 

c.Paragraph 3-9 – a separation would be described as an entry level separationwith 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). 

3.AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect atthe time, set forth policies, responsibilities, and procedures that applied in determiningwhether a Soldier was unfit because of physical disability to reasonably perform the dutiesof his/her office, grade, rank, or rating.  Only the unfitting conditions or defects and thosewhich contributed to unfitness would be considered in arriving at the rated degree ofincapacity warranting retirement or separation for disability.  Soldiers who sustained oraggravated physically-unfitting disabilities must meet the following line-of-duty criteria to beeligible to receive retirement and severance pay benefits.
a.The mere presence of a medical impairment does not in and of itself justify a findingof unfitness.  In each case, it was necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform. 

b.The VA Schedule for Rating Disabilities (VASRD) was primarily used as a guide forevaluating disabilities resulting from all types of diseases and injuries encountered as a result of, or incident to, military service.  Once a Soldier was determined to be physically unfit for further military service, percentage ratings were applied to the unfitting condition(s) from the VASRD.  Those percentages were applied based on the severity of the condition at the time of separation.   

4.AR 40-501 (Standards of Medical Fitness), in effect at the time, governed medicalfitness standards for enlistment, induction, appointment, retention, and separation(including retirement).  Once a determination of physical unfitness was made, the PhysicalEvaluation Board rated all disabilities using the VASRD.  Ratings could range from 0% to100%, rising in increments of 10%.

5.Title 10, U.S. Code, section 1201 provides for the physical disability retirement of amember who has at least 20 years of service or a disability rating of at least 30 percent.Title 10, USC, section 1203, provides for the physical disability separation of a memberwho has less than 20 years of service and a disability rating of less than 30 percent.

//NOTHING FOLLOWS//