BOARD DATE: 16 January 2020 DOCKET NUMBER: AR20170005088 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 24 February 1992, to show his service was characterized as honorable. 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), dated 16 March 2017 * Standard Forms (SF) 88 (Report of Medical Examination) and 93 (Report of Medical History), dated 17 October 1991 * DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 31 January 1992 * Memorandum for Assumption of Command, dated 3 February 1992 * Recommendation for Separation, dated 4 and 11 February 1992 * DD Form 214, for the period ending 24 February 1992 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. 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, in effect, he requests his discharge be upgraded from uncharacterized to honorable, because his discharge was not intentional but due to an injury sustained during active duty. 3. In preparation for enlistment in the in the Regular Army, the applicant underwent an initial entry examination on 17 October 1991, at which time the examining physician found him qualified for enlistment. 4. The applicant enlisted in the Regular Army on 29 October 1991. 5. A DA Form 4707 was initiated on the applicant on 31 January 1992. This form shows he was found medically unfit for enlistment due to a condition(s) that existed prior to his service (EPTS). The evaluating physician's notes included the following: a. Service member is a 19 year old W/M with pain in both feet. Has been treated with various modes of therapy without relief. b. Noted on entrance examination. Constant pain in both feet with standing. c. It is recommended that this Soldier be separated from service for failure meet procurement medical fitness standards, in accordance with (IAW) Army Regulation 40-501 [Standards of Medical Fitness]. EPTS: Yes. Permanently aggravated by service: No. Soldier does not meet medical retention standards IAW AR 40-501, Chapter 3. 6. The applicant was informed of the medical findings on 3 February 1992. He acknowledged his understanding that legal advice was available to him. He also understood that he may request to be discharged without delay, or to request retention on active duty. If retained he may be involuntarily reclassified into another military occupational specialty based on his medical conditions. He concurred with the proceedings and requested to be discharged without delay. 7. The applicant’s commander recommended approval of his request for discharge on 3 February 1992. She noted that she had personally counseled him on his options and his request for discharge on 4 February 1992. His intermediate commander also recommended approval of his request on 11 February 1992. 8. The separation authority approved the applicant's separation on 12 February 1992. 9. The applicant was discharged on 24 February 1992, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, by reason of not meeting procurement medical fitness standards, no disability. He was credited with completing three months and 26 days of net active service and was not awarded a military occupational specialty. His service was uncharacterized. 10. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. The evidence of record shows the applicant was in an entry-level status at the time his separation processing commenced. As a result, his service was appropriately described as "uncharacterized" in accordance with governing regulations. 11. The applicant provides an extract of his service record, including the DD Form 4707 dated 31 January 1992, showing he was recommended for separation for a condition that existed prior to service. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and policy applicable to separations. The Board considered the applicant’s statement, his record and length of service, the evaluation recorded on the DA Form 4707, the reason for his separation and the character of service on his DD Form 214. The Board found that the applicant failed to meet procurement medical fitness standards due to an EPTS condition, he served less than 4 months in an entry- level status and was not awarded an MOS prior to separation. Based upon a preponderance of evidence, the Board determined that the character of service the applicant received was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3 provides that a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated. b. 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. c. Paragraph 3-9, in effect at the time of the applicant's separation, provided that a separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry-level status, except when: (1) a discharge under other than honorable conditions was authorized, due to the reason for separation and was warranted by the circumstances of the case; or (2) the Secretary of the Army, on a case-by-case basis, determined a characterization of service as honorable was clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization was authorized when the Soldier was separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority. d. Paragraph 5-11 provided 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 entrance on active duty, active duty for training, or initial entry training would be separated. Medical proceeding, 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 military service had it been detected at that time, and the medical condition did not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501. e. The character of service for Soldiers separated under this provision would normally be honorable, but would be uncharacterized if the Soldier was in an entry-level status. An uncharacterized discharge is neither favorable nor unfavorable; in the case of Soldiers issued this characterization of service, an insufficient amount of time would have passed to evaluate the Soldier's conduct and performance. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170005088 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20170005088 5 ABCMR Record of Proceedings (cont) AR20170005088 4