ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 September 2019 DOCKET NUMBER: AR20170006859 APPLICANT REQUESTS: an upgrade of her discharge and the narrative reason for separation changed to medical 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 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Department of Veterans Affairs Letter 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 she has attached a copy of a letter from the Veterans Administration stating they have changed her discharge to honorable. She needs for her DD Form 214 to also reflect an honorable discharge, as well as, her narrative reason for separation changed to medical. She thought once Veterans Affairs changed her status to honorable, her DD Form 214 would also be changed. 3. The applicant provides a letter from the Department of Veterans Affairs that shows the branch of service, dates of service, and her character of service as “Honorable for VA Purposes”. 4. A review of the applicant’s service record shows: a. She enlisted in the regular Army on 18 November 1999. b. The applicant’s record is void of the complete facts and circumstances that led to her separation. However, her service record contains a DD Form 214, which shows she was discharged on 24 February 2000, under the provisions of Army Regulation (AR) 635-200, paragraph 5-11, and furnished an uncharacterized conditions discharge. Her narrative reason for separation was failure to meet procurement medical fitness standards. It also shows she completed 3 months and 7 days of active service with no lost time. 5. On 19 September 2012, the Army Discharge Review Board (ADRB) reviewed the applicant's discharge processing but found it proper and equitable. The ADRB denied his request for an upgrade of his discharge. 6. By regulation (AR 635-5-1) Separation Program Designator (SPD) codes, are three- character alphabetic combinations that identify reasons for, and types of, separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of Department of Defense (DOD) and the military services to assist in the collection and analysis of separation data. 7. By regulation (AR 635-200, paragraph 5-11) 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. 8. 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 review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The governing regulation provides that a separation will be described as an entry-level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status. As such, her DD Form 214 properly shows her service as uncharacterized. 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. 12 November 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. By regulation (AR 635-5-1) SPD codes, are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of Department of Defense (DOD) and the military services to assist in the collection and analysis of separation data. Paragraph 2-4 of this regulation, in pertinent part, lists the steps required for SPD code control and usage and is shown in table B-1. SPD Code JFW is the code and narrative reason associated with that SPD code is erroneous enlistment; medical condition disqualifying for military service, with no medial waiver approved. This is supported by AR 635-200, paragraph 5-11. 3. 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 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 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 5-5. 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). 4. 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.