ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  27 September 2019

	DOCKET NUMBER:  AR20170014271


APPLICANT REQUESTS:  upgrade of his uncharacterized entry level status 
discharge to honorable and personal appearance before the Board.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)

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 (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:

	a.  He never had a reaction to any types of immunizations nor did he ever hear 
voices.  He might have been upset about the death of his mother, but that did not 
stop him from doing his job in the Army.  He did not have flat feet and he did not 
graduate in 1982, but in 1980.

	b.  He lost all his records when he was discharged and it took him a long time to 
find the right person to get them for him.  He feels it was an injustice of the military to 
put the information they did into his records.

3.  The applicant enlisted in the Regular Army on 15 May 1984.

4.  A Standard Form 513 (Consultation Sheet), dated 22 May 1984, shows:

	a.  The applicant was evaluated at the Troop Medical Center (TMC) because of a 
reaction to a measles immunization, which was deemed to have been essentially 
negative except for hyperventilation, which was ultimately diagnosed as an 
hysterical reaction.

	b.  During the evaluation, the applicant stated he had “flashbacks” of his mother 
and father, who were both deceased.  He heard the voices of his parents trying to 
apologize to him for wrong-doings and he tried to communicate with them.  The 
applicant related thoughts of suicide, but made a commitment not to harm himself as 
long as he felt someone was trying to help him get discharged.
     
5.  A Standard Form 502 (Narrative summary), dated 29 May 1984, shows he was 
evaluated at Reynold Army Hospital, Fort Sill, OK, after referral from the TMC 
initially for an inappropriate reaction to an immunization.

	a.  The applicant related to experiencing “flashbacks” of his mother and father.  
He usually heard voices and tried to talk back to them.  His mother died 
approximately 3 months earlier.  The applicant had a history of flashbacks since the 
age of 12 when his mother told him about his father and the abuse he and his 
mother received when his father was alive.  The applicant did not desire to remain in 
the service and related to thoughts of suicide if he could not get discharged.

	b.  The applicant was diagnosed with mixed personality disorder with histrionic 
and schizotypal features.  He was given a permanent physical profile rating of 4 in 
the psychiatric category with assignment limitation disallowing for duty where his 
actions or inactions would be a danger to himself or others.

	c.  The applicant’s evaluation by a Medical Evaluation Board (MEB) was 
recommended for consideration of separation as he did not meet medical fitness 
standards under the provisions of chapter 2, Army Regulation 40-501 (Standards of 
Medical Fitness), due to disability that existed prior to service (EPTS) and was not 
service aggravated.  The approximate date of the origin was 1974.  The applicant 
did not meet retention standards of chapter 3, Army Regulation 40-501.

6.  In a Statement of Change of Medical Status, dated 29 May 1984, the applicant 
acknowledged he underwent a medical examination in the past 180 days.  The 
medical change in his condition since that time was a mixed personality disorder 
with histrionic and schizotypal features the he under stood was an EPTS condition.

7.  On 29 May 1984, the applicant requested discharge for physical disability based 
upon the findings and recommendations of an MEB.  

   a.  The MEB considered him unqualified for retention in the military because of 
physical disability that was found to have EPTS.  The MEB found the disability 
neither incident to, nor aggravated by his military service.
   
   b.  He acknowledged having been fully informed that he was entitled to the same 
consideration and processing as any other member of the Army separated for 
physical disability; however, he elected not to exercise this right. 
   
   c.  He acknowledged understanding he would be separated by reason of EPTS 
physical disability if his application were approved and understood he would receive 
a discharge in keeping with the character of his service, as decided by the officer 
designated to effect his separation.

8.  A DA Form 3947 (MEB Proceedings), dated 30 May 1984, shows:

	a.  The MEB found the applicant was diagnosed with mixed personality disorder 
with histrionic and schizotypal features that was EPTS, not in the line of duty and not 
service aggravated.

	b.  The MEB recommended the applicant’s discharge under the provisions of 
Army Regulation 635-40 (Personnel Separations – Physical Evaluation for 
Retention, Retirement or Separation), chapter 5, EPTS and the applicant annotated 
he did not desire to continue on active duty under the provisions of Army Regulation 
635-40.  The applicant annotated he agreed with the board’s findings and 
recommendations and signed the form on 5 June 1984.

9.  On 11 June 1984, the application for expeditious discharge under the provisions 
of Army Regulation 635-40, chapter 5, with an entry-level, uncharacterized 
separation was approved.

10.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active 
Duty) shows he was discharged in an entry-level status on 14 June 1984, after 1 
month of net active service, under the provisions of Army Regulation 635-40, 
chapter 5, for physical disability prior to entry on active duty.  His service was 
uncharacterized.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents 
and evidence in the records.  The Board considered the applicant’s statement, his 
record and length of service, the medical consultation sheet, the MEB findings, his 
EPTS condition that was determined to be not in the line of duty and not service 
aggravated, his request for expeditious discharge for physical disability, and his 
separation while in entry-level status.  The Board found insufficient evidence to 
support the applicant’s claim. 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.  

2.  The applicant's request for a personal appearance hearing was carefully 
considered. In this case, the evidence of record was sufficient to render a fair and 
equitable decision. As a result, a personal appearance hearing is not necessary to 
serve the interest of equity and justice in this case.


3.  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.













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 635-40 (Personnel Separations – Physical Evaluation for 
Retention, Retirement or Separation), in effect at the time, provided policies and 
procedures for processing cases of members who may be unfit because of physical 
disability.  

	a.  Chapter 5 provides for the expeditious discharge of enlisted personnel who, in 
accordance with chapter 3, Army Regulation 40-501 (Standards of Medical Fitness), 
are not qualified for retention on active duty by reason of physical disability which 
was neither incurred nor aggravated during any period in which the member was 
entitled to basic pay.

	b.  When a commander believes that a member of his command is unable to 
perform the duties of his office, grade, rank, or rating because of physical disability 
which was neither incurred nor aggravated during any period in which the member 
was entitled to basic pay, he will refer the member for medical evaluation.

	c.  Evaluation by a medical board will be accomplished.  If approved medical 
board proceedings recommend separation for a member because of physical 
disability which was incurred or aggravated when the member was not entitled to 
basic pay, the member will be advised of his rights and offered an opportunity for 
expeditious discharge provided the member agrees with the findings of the medical 
board and the member is otherwise eligible for discharge.

	d.  If the member agrees with the findings of the medical board that his physical 
disability existed prior to service and was not aggravated thereby, he may apply for 
expeditious discharge under the provisions of this chapter and his application will be 
forwarded to the commander having separation authority for approval.

	e.  Unless otherwise indicated, a DD Form 256 (Honorable Discharge Certificate) 
or DD Form 257A (General Discharge Certificate) as appropriate will be issued to 
enlisted members discharged under the provisions of this chapter.

3.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) sets 
forth the basic authority for the separation of enlisted personnel.

	a.  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.  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.

	c.  Section II (Terms) of the Glossary defines entry-level status for Regular Army 
Soldiers as the first 180 days of continuous active duty or the first 180 days of 
continuous active duty following a break of more than 92 days of active military 
service. For ARNG and USAR Soldiers, entry-level status begins upon enlistment in 
the ARNG or USAR.  For Soldiers ordered to IADT for one continuous period, it 
terminates 180 days after beginning training.  For Soldiers ordered to IADT for the 
split or alternate training option, it terminates 90 days after beginning Phase II of 
Advanced Individual Training.

4.  Army Regulation 15-185 (Army Board for Correction of Military Records) 
prescribes the policies and procedures for correction of military records by the 
Secretary of the Army acting through the ABCMR.  
	
	a.  The ABCMR begins its consideration of each case with the presumption of 
administrative regularity.  The applicant has the burden of proving an error or 
injustice by a preponderance of the evidence.  
	
	b.  Paragraph 2-11 states applicants do not have a right to a formal hearing 
before the ABCMR.  The Director or the ABCMR may grant a formal hearing 
whenever justice requires.
	
NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170014271

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