ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 May 2019 DOCKET NUMBER: AR20170003874 APPLICANT REQUESTS: correction of his uncharacterized discharge to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Document from Department of Veteran’s Affairs * 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 that he believes he should have an honorable discharge because the Department of Veterans Affairs (VA) approved that his disability is service- connected and because his attorney refused to work with him to apply for citizenship based on his military service. 3. The applicant provides a VA document that states the veteran character of discharge is considered honorable for VA purposes and that the disability was service connected. 4. Review of the applicant’s service records shows: a. The applicant enlisted in the Regular Army on 8 September 2015. b. His DA Form 4707 (Entrance Physical Standard Board (EPSBD) Proceedings) shows he was evaluated at Reynolds Army Hospital on 26 October 2015. It also shows: (1) Upon examination, doctors determined the applicant had a history and current condition of hypertension urgency. (1) (2) His diagnosis was "essential hypertension. The medical doctor recommended his separation because the applicant did not meet medical fitness standards under the provisions of paragraph 2-19(b) of Army Regulation (AR) 40-501 (Standards of Medical Fitness). His condition existed prior to service (EPTS). c. On 29 October 2015, the medical approving authority approved the findings shown on the DA Form 4707. d. On 3 November 2015, the applicant's EPSBD Proceedings were forwarded to the applicant's unit for appropriate action in accordance with paragraph 5-11 of AR 635-200 (Personnel Separations – Enlisted Personnel). e. On 3 November 2015, the applicant acknowledged that he was informed of the medical findings. He also acknowledged his understanding that legal advice of an attorney employed by the Army was available to him and that he could consult with civilian counsel at his own expense. He further acknowledged he understood he could request to be discharged from the Army without delay or request retention on active duty. After counseling, the applicant concurred with the proceedings and requested to be discharged from the Army without delay. f. On 3 November 2015, the unit commander recommended the applicant's discharge. g. 5 November 2015, the discharge authority approved the applicant's separation from the Army under the provisions of AR 635-200, paragraph 5-11, by reason of failure to meet procurement medical fitness standards. h. On 9 November 2015, the applicant was accordingly discharged. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of AR 635-200, paragraph 5-11, after having completed 1 month and 27 days of active service. The narrative reason for separation was "failure to meet procurement medical fitness standards" and his service was uncharacterized. 5. By regulation (AR 635-200), the Army considers a separation an entry-level separation if processing is initiated while a member is in an entry-level status. During the first 180 days of continuous active military service, a member's service is under review. a. When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge. A general discharge is not authorized. b. 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 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, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted. Based upon regulatory guidance and the applicant’s separation being initiated within the first 180 days of military service, the Board concluded there was no error or injustice which would warrant making a change to the applicant’s characterization of service. 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. 6/4/2019 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. Army Regulation 635-200 (Personnel Separations-Enlisted Personnel) in effect at the time, sets forth the basic authority for separation of enlisted personnel. a. Paragraph 5-11 specifically provides that Soldiers who are 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, active duty for training, or initial entry training will be separated. A medical proceeding conducted by an Entrance Physical Standards Board, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time of enlistment, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3. b. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized (entry-level status) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to initiation of the separation action. c. Entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service. An uncharacterized description of service was required for separation under this chapter. Chapter 3 describes the different types of characterization of service. It states an uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when: (1) Characterization under other than honorable condition is authorized under the reason for separation, and is (2) Warranted by the circumstances of the case or when the Secretary of the Army, 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. (1) d. Paragraph 3-7a (Honorable Discharge) an honorable discharge is a separation with honor. 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. 3. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code JFT was at the time the correct code for Soldiers separating under the provisions of AR 635-200, paragraph 5-11.