ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 April 2019 DOCKET NUMBER: AR20170004490 APPLICANT REQUESTS: an upgrade of his discharge from an uncharacterized discharge to a general discharge. He also requests a personal hearing before the Board. 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) * 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, his uncharacterized discharge should be upgraded to a general discharge. 3. Review of the applicant’s service records show: a. The applicant enlisted in the Regular Army on 14 February 2011. He was assigned to Fort Jackson, SC for training. b. On 15 April 2011, the applicant was seen in the Physical Therapy Clinic at the Troop Medical Clinic, for pain in both hips. He had an MRI (magnetic resonance imaging) over 30 days earlier that revealed mild stress fractures in the femoral necks of both hips. (1) The femoral neck was not as strong as other areas of the hip bones and if this he continued high-impact activities, he would be at a risk of breaking his hip. He was sent on 30 days convalescent leave in order to heal. Upon return from (1) convalescent leave, he stated that he continued to have pain. A follow-up MRI revealed significant healing and no stress in the hips. (2) Because this injury is a factor of overuse and lack of overall physical conditioning and not yet a stress fracture, the examining physician felt that separation from the military was in the applicant's best interest at that time. It was also important to note that this Soldier developed this stress fracture early on in his training, which was indicative of an individual whose skeletal structure was not quite strong enough to tolerate the physical demands of basic combat training. He needed to develop improved tolerance for impact related activity through a prolonged program of weight training and gradual walk-to-run program that is at least 6 months in length. He was not an EPTS (existed prior to service) candidate and did not meet criteria for a medical board. He was recommended for separation. c. On 26 April 2011, 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. d. On 26 April 2011, the applicant was afforded legal counsel; however, he waived his right to consult with legal counsel. He further indicated he understood that he 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 him; and of the effect of any action taken by him in waiving his rights. e. On 28 April 2011, the separation authority approved the applicant's discharge under the provisions of AR 635-200, chapter 5-17, and directed that he be issued an uncharacterized discharge. f. The applicant was discharged on 3 May 2011. His DD Form 214 shows he was discharged in accordance with paragraph 5-17 of AR 635-200 with an uncharacterized discharge. He completed 2 months and 20 days (80 days) of active service. 4. On 6 December 2017, the Army Discharge Review Board (ADRB) considered his petition for an upgrade of his discharge but found no evidence of an error or injustice. The ADRB denied his request. 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. a. 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 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. 6. 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, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted. Based upon the discharge of the applicant being initiated within the first 180 days of military service, as well as the medical advisory finding no evidence of an error or injustice, the Board concluded the characterization of service received at the time of discharge was appropriate. 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. 4/29/2019 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), 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 5-1a provides that, unless the reason for separation requires a specific characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. e. Chapter 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. f. 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. The under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge review Boards for Correction of Military/Naval Records on 25 July 2018, regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. Boards for Correction of Military/Naval Records may grant clemency regardless of the court-martial forum. However, the 1. guidance applies to more than clemency from a sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds.