IN THE CASE OF: BOARD DATE: 24 March 2020 DOCKET NUMBER: AR20170000367 APPLICANT REQUESTS: an amendment to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect a Medical Discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant’s Statement * Certificate of Training * Photos of Applicant (Marked with identifying errors) 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 in effect, she was wrongfully discharged from the US Army and was discriminated against as a young, black, pregnant female. Her career was cut short by wrongful separation, her DD Form 214 should be corrected to reflect a medical discharge of some sort, especially since she did complete and graduate Basic Training at Fort Leonard Wood Missouri. Her discharge code is marked as uncharacterized, which is not correct. 3. The applicant provides: a. The applicant’s self-authored statement: (1). It was the Summer of 1994, one year after graduating high school, that she decided to join the US Army, she was excited and eager to begin this new journey into her life. She signed up in July of 1994 and was scheduled to leave for boot camp in November of that same year. As a young teenager transitioning into adulthood, she must admit she was somewhat nervous. Her family was very supportive and encouraged her every step of the way. On 22 November 1994, not only did she set off for boot camp, she was on her way to do what she swore to do, serve, protect and defend her country. She took great pride in that. In December of 1994, her company opted to grant them leave to go home for the Christmas holidays. As any young teenager would be, she was excited to go home to see her family and friends. When she got home, she did what all teenagers do, partied and hung out with family and friends. She even spent time with her male friend at that time and they engaged in sexual intercourse. (2). Once back at boot camp, it was business as usual. It wasn't until a day or two before graduation after a long hike that she passed out at the finish line. She woke in the hospital and found out she was with child. She was allowed to graduate with the rest of her company. After graduation one of her Drill Sergeants contacted her Advance Individual Training (AIT) school in Texas to inform them of her situation. They were instructed to have her processed out. She was hurt and could not believe that after enduring all of what she had gone through in Basic Training, and even graduating boot camp, that her career had abruptly come to an end. She was being denied the opportunity to fulfill her career choice. She was discharged from the US Army on 9 March 1995, . To make matters worse, she didn't even carry the baby to term, which could have resulted from the rigorous training she had gone through while in boot camp. She felt alone and betrayed by the very branch of service she swore by to serve, protect, and defend this country. She disassociated herself from anything she felt even remotely was affiliated with the military. She went through periods of depression, anxiety, disappointment and feeling completely let down by the military, especially after seeing her friends and classmates who also went into the armed forces prosper and do so well. Some have since even retired. (3). She truly believe she’s been discriminated against by US Army Military personnel who were in charge during her time in the Army. She feels she should have been allowed the opportunity to pursue her career choice with a modified training schedule. She was never given any options. They just discharged her immediately under a code uncharacterized. She is disputing the discharge code on her DD Form 214, and requesting a corrected DD Form 214 with a Medical Discharge code as reason for separation from the US Army. Her pregnancy was not the result of any performance conduct and/or activity that occurred on any military facility and would not have affected her ability to perform her duties. She states she was wrongfully discharged from the US Army and was discriminated against as a young, black, pregnant female. Her career was cut short by wrongful separation. Her DD Form 214 should be corrected to reflect a medical discharge of some sort, especially since she did complete and graduate Basic Training at Fort Leonard Wood Missouri. Her career goal expectation was to retire from the military, however she was denied that opportunity. Her family traveled a far distance to attend her graduation ceremony and they were all eagerly anticipating her next stage, graduating from AIT as a 91 Bravo Medical Specialist. She has gone through periods of depression, and now have many health issues because of anxiety. She was directed to begin her claim for an amended DD 214. She respectfully request consideration be given to amending the separation code on her DD214 to reflect a medical code to cover her pregnancy at that time. b. Certificate of training dated 9 February 1995 for basic combat training. c. Marked photos of applicant 4. A review of the applicant service record shows: a. She enlisted in the Regular Army on 22 November 1994. b. On 1 March 1995, the applicant’s immediate commander notified her that he was initiating action to separate her under the provisions of Army Regulation (AR) 635-200, Paragraph 5-11 for a pregnancy. The applicant’s commander informed her the separation authority may direct that her service be characterized, in part, as an entry level separation (uncharacterized). She was also advised of her rights, was provided the opportunity to consult with counsel, and an opportunity to submit written statements on her behalf. c. Also on 1 March 1995, the applicant acknowledged notification of her commander’s actions, did not submit statements on her behalf, and waived her rights in writing. d. The applicant was recommended for separation by her immediate commander on 1 March 1995. e. The separation authority approved the applicant’s discharge under the provisions of AR 635-200, Paragraph 5-11 for pregnancy on 2 March 1995. The commander stated the applicant was in an entry level status and ordered her service be uncharacterized. f. On 9 March 1995, the applicant was discharged under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, entry level performance and conduct. She served 3 month and 18 days of active service this period. She was not awarded an MOS. The character of service given is “Uncharacterized.” 5. By regulation (AR 635-200): a. 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 the Regular Army. b. 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 or her character of service to be rated as honorable or otherwise. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the lack of medical documents submitted by the applicant to show any injuries incurred were as a result of military service and those injuries failed to meet retention standards, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s narrative reason for separation. 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, 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. AR 635-200, chapter 3 provides that individuals who are discharged or released from AD or ADT will be furnished a factual record of their military service on DD Form 214 (Certificate of Release or Discharge from Active Duty). Paragraph 3–9 provides, a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status, except when— a. Characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case. b. HQDA (AHRC–EPR–F), 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. This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the Government, and Secretarial plenary authority. c. The Soldier has less than 181 days of continuous active military service, has completed Initial Entry Training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment. d. Paragraph 4-4 (Characterization of service) provides a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded an honorable character of service, unless the Soldier is in an entry level status and service is uncharacterized. 3. By regulation (AR 635-200), an entry level separation (uncharacterized) is used for separation under these proceedings. Entry-level status is defined as the first 180 days 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 or her character of service to be rated as honorable or otherwise. 4. 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 is a separation with honor and entitled 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 have been clearly inappropriate. b. 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 or her character of service to be rated as honorable or otherwise. c. Chapter 5, in effect at the time, establishes that 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. 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. 5. Army Regulation 40-501 (Medical Services – Standards of Medical Fitness) governs, in pertinent part, medical fitness standards for enlistment, induction, and appointment, including officer procurement programs, medical fitness standards for retention and separation, including retirement. It also governs Medical standards and policies for physical profiles and medical examinations. 6. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170000367 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1