ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 April 2019 DOCKET NUMBER: AR20170002796 APPLICANT REQUESTS: a change to the narrative reason for 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) * Department of Veterans Affairs (VA) Rating Decision Letter * 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, 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, in effect, she would like to attend school; however, according to the VA Education Office, her narrative reason must be changed. 3. Review of the applicant’s service records show: a. The applicant enlisted in the Regular Army on 11 March 2014. She was assigned to Fort Leonard Wood, MO for training. b. On 14 April 2014, the applicant was seen by the General Leonard Wood Army Community Hospital, Musculoskeletal Action Team, for hip compression arthralgia. She developed this condition while attempting initial entry training at Fort Leonard Wood. This condition prevented her from fully participating in unit physical readiness training, running, field training, and ruck marches without increase in pain. (1) Though her condition had improved, pain returned each time she attempted to progress back to running. The anatomical alignment of her hips does possibly predispose her to increased pain and stress injury. She was in agreement with leaving the military at that point as she feared repeating or worsening previous pain by returning (1) to training. Given the applicant's medical history, the likelihood of forming a stress injury, should she return to training, is high. (2) Given the applicant's history of pain and the nature of her hips, Major X____ X. X____ states that he feels there is a poor prognosis for completion of training in a timely manner. From his medical perspective, the applicant was being returned to her unit commander to determine appropriate disposition for training and any administrative action as deemed necessary by the command. Further stating that initiating a Chapter 5-17 would be an appropriate option. c. On 23 April 2014, the applicant elected not to undergo a separation examination and that she understood her medical records would be reviewed by a physician at the appropriate medical treatment facility. d. On 28 April 2014, the commander informed the applicant of the initiation of separation proceedings under Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), Paragraph 5-17,-Other Designated Physical or Mental Conditions, with an uncharacterized discharge. e. On 30 April 2014, the applicant was afforded legal counsel; however, she waived her right to consult with legal counsel. She further indicated she understood that she had been advised of the basis for the contemplated action to separate him for under AR 635-200, paragraph 5-17, and its effects; of the rights available to her; and of the effect of any action taken by her in waiving her rights. f. On 7 May 2014, the separation authority approved the applicant's discharge under the provisions of AR 635-200, chapter 5-17, and directed that she be issued an uncharacterized discharge. g. The applicant was discharged on 8 May 2014. Her DD Form 214 shows she was discharged in accordance with paragraph 5-17 of AR 635-200 with an uncharacterized discharge. She completed 1 month and 28 days (59 days) of active service. 4. VA Rating Decision, dated 25 November 2015, indicates the applicant received a service connection for her left hip strain with an evaluation of zero percent. She was denied service connection for depression and anxiety. Service connection for left hip strain with limitation of extension was granted with an evaluation of 10 percent and for low back strain with an evaluation of 20 percent. 5. On 9 February 2018, Dr. X , Army Review Boards Agency Senior Medical Advisor, conducted a review of the available documentation pertaining to the applicant and found no evidence of a medical disability or condition which would support a change to the character or reason for discharge. Further stating, "The applicant did not meet criteria for disability evaluation system (DES) processing; the applicant did not reach a MRDP (medical retention determination point). The applicant's bilateral hip 1. and/or back conditions were related to her skeletal anatomy. There was no permanent service aggravation of her EPTS developmental conditions. The narrative reason for separation "Condition Not a Disability" under a Chapter 5-17 is correct and there is no medical indication for change and none is recommended." 6. The applicant was provided with a copy of this advisory opinion to give her an opportunity to submit a rebuttal. She did or did not respond? Please add this paragraph 7. Army Regulation (AR) 635-200, paragraph 5-17b, provides that when a commander determines that a Soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer the Soldier for a medical examination and/or mental status evaluation. 8. The Board should consider the applicant's submissions in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board found insufficient evidence of an error or injustice which would warrant making a change to the narrative reason for separation. After reviewing all relevant information, the Board concluded that the current narrative reason annotated on the applicant’s DD Form 214 accurately depicts the reason for separation. 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. 5/7/2019 X CHAIRPERSON Signed by 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. AR 635-200 (Active Duty Enlisted Administrative Separations), sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles 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 be clearly inappropriate. b. Paragraph 3-7a(1) provides that only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty (AD) or active duty training (ADT) or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. c. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. d. Paragraph 5-17 of the regulation provides, in pertinent part, that Commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to a disability and excluding conditions appropriate for separation processing under paragraph 5-11 or 5-13 that potentially interfere with assignment to or performance of duty. e. Entry-level status is defined as, for Regular Army Soldiers, the first 180 days of continuous AD or the first 180 days of continuous AD following a break of more than 92 days of active military service. 3. 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 1. 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.