ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  11 October 2019

	DOCKET NUMBER:  AR20170003408


APPLICANT REQUESTS:  an upgrade to his uncharacterized conditions discharge

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
* DA Form 2-1 (Personnel Qualification Record)
* DA Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* 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 (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 he was given an uncharacterized discharge when, in fact, he was given an honorable discharge.

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

	a.  He enlisted in the United States Army Reserve on 25 January 1996.

	b.  On 13 March 1996, the applicant arrived at Ft. McClellan, AL Hospital with the onset of strenuous physical activity that included chest tightness and wheezing during pushups.  It was discovered during his exam that at the age of 15, he was diagnosed with exercise induced asthma.  

	c.  During the Entrance Physical Standards Board (EPSBD) Proceedings, it was recommended the applicant be separated under the provisions of Army Regulation (AR) 635-200, (Personnel Separations – Enlisted Personnel) Chapter 5, Separation for the Convenience of the Government, paragraph 5-11, for a condition noted within the first 180 days of active duty or Initial Active Duty Training (IADT), which existed prior to service and is not service aggravated.

	d.  On 3 April 1996, the applicant was counselled regarding his rights in connection with processing of an Entrance Physical Standards Board, and requested to be discharged under the provisions of AR 635-200, Chapter 5-11, for failure to meet procurement medical fitness standards.

	e.  On 4 April 1996, his commander recommended that he be discharged under the provisions of AR 635-200, Chapter 5, paragraph 5-11, for failure to meet procurement medical fitness standards,  and consistent with the commander’s recommendation, the separating authority approved his request for a discharge and issued an uncharacterized characterization discharge. 

	f.  His DD Form 214, shows he was discharged on 10 April 1996, under the provisions of AR 635-200, Chapter 5, paragraph 5-11, and furnished an uncharacterized conditions discharge.  His narrative reason for separation was failure to meet procurement medical fitness standards.  It also shows he completed 1 month and 18 days of active service with no lost time.  

4.  There is no evidence the applicant has applied to the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations.

5.  By regulation 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 (AD) or Active duty Training (ADT) for initial entry training; will be separated.  

6.  The Board should consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted.  Based upon the applicant failing to complete his IET training prior to his separation and the separation being initiated within the first 180 days of military service, the Board concluded that there was no evidence of an error or injustice which would warrant making a change to the characterization of service to the applicant’s discharge.

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, 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 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.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel.  

	a.  Paragraph 3-7a (Honorable) provided that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the Soldier’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 3-7b (General) 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.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.  It will not be issued to soldiers upon separation at expiration of their period of enlistment, military service obligation, or period for which called or ordered to Active Duty.

	c.  Paragraph 5-1. Characterization of service, in pertinent part, states that a soldier being separated under this section will be awarded a character of service of honorable, under honorable conditions or uncharacterized if in entry level status.  For regular army soldiers, entry level status is the first 180 days of continuous active duty.

	d.  Paragraph 5-11 of this regulation provides 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 (AD) or Active duty Training (ADT) 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 AD for Regular Army (RA), or during ADT for initial entry training for ARNGUS and USAR, which (rehabilitation.is impracticable or Soldier, is not amenable.to rehabilitation (as indicated by the medical or personal history).

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 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.



NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170003408


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