ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
BOARD DATE:  23 September 2019 
DOCKET NUMBER:  AR20170012427 
APPLICANT REQUESTS:  an upgrade of his uncharacterized discharge to a general or 
an honorable discharge. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
•	DD Form 149 (Application for Correction of Military Record)
•	National Personnel Records Center (NPRC) 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 his character of discharge is hindering him from joining the 
United Services Automobile Association and obtaining certain veteran affairs 
benefits. The discharge which is currently on his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) as uncharacterized is confusing for certain 
agencies that are willing to grant him benefits.  It is his firm belief that the 
uncharacterized discharge should be modified due to the fact that, he was 
discharged from the Army under good standing with the option to reenlist.
3.	The applicant provides a NPRC letter dated 25 May 2017 stating the NPRC has no 
authority to review and approve amendments or corrections to military records.
4.	Review of the applicant’s service record shows:
   a.	He enlisted in the Regular Army on 29 January 1991.  He was assigned to 
the 30th Adjutant General Battalion (Reception), Fort Benning, GA. 
   b.	After careful consideration of the applicant’s medical records, laboratory 
findings,
and medical examination, the entrance physical standards board found that the 
[applicant] was medically unfit for appointment or enlistment in accordance with (IAW) 
current medical fitness standards and in the opinion of the evaluating physicians the 
applicant had a condition that existed prior to service (EPTS).  On 13 February 1991, 
the applicant’s DA Form 4707 (Entrance Physical Standards Board (EPSBD) 
Proceedings) shows his EPTS medical condition is pes planus, which states was noted 
on his SF 88 (Report of Medical Examination).  His SF 88 is not in the packet for review. 
The objective findings were pain along plantar fascia due to flatfeet and pain on 
palpation along tibia and fibula right leg.  X-Rays revealed arthritic changes noted in foot 
joints bilaterally, old fracture noted on distal 1/3 of tibia and fibula right, resulting in 
valgar deformity of leg.  The prognosis was the applicant will not improve.  The 
diagnosis was pes planus, an old fracture of tibia and fibula right, with resulting valgar 
deformity.  The examining medical officers recommended he be separated from the 
Army for failure to meet medical fitness standards of Army Regulation (AR) 40-501 
(Standards of Medical Fitness), chapter 2, paragraphs 2-10b(5) and 2-10d(3).  In 
addition, they recommended separation under the provisions of AR 635-200 (Personnel 
Separations – Enlisted Personnel), paragraph 5-11. 
   c.	On 25 February 1991, the medical approving authority approved the 
findings
shown on the DA Form 4707 as stated/diagnosed by the medical doctors. 
   d.	On 27 February 1991, the applicant's EPSBD proceedings were 
forwarded to the
applicant's unit for appropriate action IAW of AR 635-200, paragraph 5-11. 
   e.	On 28 February 1991, the applicant acknowledged he understood that 
legal
advice of an attorney employed by the Army was available to him and that he also could 
consult with a civilian counsel at his own expense.  He also acknowledged that he could 
request to be discharged from the Army without delay or request retention on active 
duty.  After his immediate commander counseled him, he concurred with the 
proceedings and requested to be discharged from the Army without delay. 
   f.	His DD Form 214 shows he was discharged from active service on 6 
March 1991
erroneously under the provisions of AR 635-40 (Physical Evaluation for Retention, 
Retirement, or Separation), paragraph 5-11.  His DD Form 214, block 25 (Separation 
Authority) shows “AR 635-40, PARA 5-11” and it should be AR 635-200, paragraph 511 
as stated on the applicant’s DA Form 4707.  He completed 1 month and 8 days of 
creditable active service. 
5.	By regulation, AR 635-200:
   a.	Paragraph 3-4a (2) entry level status, service will be uncharacterized, and 
so
indicated in block 24 of DD Form 214, except as provided in paragraph 3-9a. 
   b.	Paragraph 3-9, states for entry level status separation.  A separation will 
be
described as an entry level separation with service uncharacterized if processing is 
initiated while a Soldier is in entry level status 
   c.	Paragraph 5-11a, states 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 AD or ADT for initial entry 
training, will be separated. 
6.	By regulation, AR 635-40, states that according to accepted medical principles, 
certain abnormalities and residual conditions exist that, when discovered, lead to the 
conclusion that they must have existed or have started before the individual entered 
the military service.
7.	By regulation 40-501 gives the various medical conditions and physical defects 
which may render a Soldier unfit for further military service.  Disposition of Soldiers 
who may be unfit because of physical disability.
BOARD DISCUSSION: 
After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The Board considered the applicant's statement, his 
record of service and the reason for his separation (EPTS medical condition that made 
him unfit for enlistment or retention).  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.  Based on a 
preponderance of evidence, the Board determined that the character of service the 
applicant received upon separation was not in error or unjust.
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.	Title10, 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 the separation of enlisted personnel. 
 
a.	Paragraph 3-7a(1) states 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.  Only the honorable 
characterization may be awarded a Soldier upon completion of his or her period 
of enlistment or period for which called or ordered to active duty (AD) or AD 
training (ADT), or where required under specific reasons for separation, unless 
an entry level status separation (uncharacterized) is warranted. 
 
b.	Paragraph 3-7b states (1)  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, or (2) 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 AD.   
 
c.	Paragraph 3-9, states for entry level status separation.  A separation will 
be described as an entry level separation with service uncharacterized if 
processing is initiated while a Soldier is in entry level status, except in the 
following circumstances:   
 
(1)	When characterization Under Other Than Honorable Conditions is 
authorized under the reason for separation and is warranted by the 
circumstances of the case. 
 
(2)	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.  This characterization is authorized when the Soldier 
is separated by reason of selected changes in service obligation, 
convenience of the government and Secretarial plenary authority. 
 
d.	Paragraph 5-11a, states 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 AD or 
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 
Army National Guard and U.S. Army Reserves, which: 
 
•	would have permanently or temporarily disqualified him or her for entry into the 
military service or entry on AD or ADT for initial entry training had it been 
detected at that time 
•	does not disqualify him or her for retention in the military service under the 
provisions of AR 40-501 (Standards of Medical Fitness – Medical Services), 
chapter 3 
 
3.	Army Regulation 40-501 (Standards of Medical Fitness) in effect at the time, 
gives the various medical conditions and physical defects which may render a Soldier 
unfit for further military service.  Chapter 3, Disposition of Soldiers who may be unfit 
because of physical disability.  Paragraph 3-4e states Soldiers on active duty who meet 
retention medical fitness standards but who failed to meet procurement medical fitness 
standards on initial entry into the service (erroneous appointment, enlistment, or 
induction) may be processed for separation as provided in AR 635-200.   
 
4.	Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or 
Separation), in effect at the time, governs the evaluation of physical fitness of Soldiers 
who may be unfit to perform their military duties because of physical disability.  
Appendix E-12b, Personnel Processing Actions -Type discharge certificate issued for 
enlisted personnel.  Service of enlisted Soldiers discharged by reason of physical 
disability normally will be characterized as honorable, or described as uncharacterized 
for those in entry level status.  However, characterization of general under honorable 
conditions is authorized for Soldiers beyond entry level status whose service is 
satisfactory, but not sufficiently meritorious to warrant honorable characterization.   
 
5.	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 
courtmartial; 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) 	AR20170012427 
ABCMR Record of Proceedings (cont) 	AR20170012427 
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