ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 September 2019 DOCKET NUMBER: AR20170015651 APPLICANT REQUESTS: an upgrade to her uncharacterized discharge to an honorable discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for Review of Discharge or Dismissal from the Armed Forces of the United States) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 4707 (Entrance Physical Board (EPSBD) Proceedings) * Medical 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 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 feels the uncharacterized discharge reflects poorly on her record. 3. The applicant provides: a. Her DD Form 214, which shows her service from 18 September 2002 to 8 January 2003. b. Her EPSBD, which provides the history, diagnosis, findings and recommendation for discharge, dated 13 January 2003, with supporting medical records from 18 May 2002 to 24 January 2003. 4. The applicant’s service record shows: a. Having had prior service in the Army Reserve Delay Entry Program, she enlisted in the Regular Army on 18 September 2002. She was assigned to Delta Company, 187th Ordnance from 2 December 2002 to 24 January 2003. b. Her military personnel records is void of specific facts and circumstances concerning the events which led to her discharge, to include the applicants acknowledge, immediate commander’s recommendation and the final approval by the separation authority. However, the record does contain a properly constituted DD Form 214, authenticated by the applicant. c. The EPSBD proceedings provided by the applicant was completed on 13 January 2003, at the medical treatment facility at Fort Jackson, SC and shows her chief complaint of intermittent foot pain depending on shoe type and activity. She was unable to run, jump, march or wear boots without medical foot pain. The examiner diagnosed her with systematic hallux valgus. The examiner recommended that she be separated from the Army for failure to meet medical procurement standards in accordance with chapter 2, 2-10b, Army Regulation (AR) 40-501 (Standards of Medical Fitness – Medical Services). He indicated with “Yes” that the condition existed prior to service (EPTS), permanently service aggravated and she did not meet medical retention standards in accordance with chapter 3, AR 40-501. d. She was discharged on 24 January 2003. Her DD Form 214 shows she was discharged under the provisions of AR 635-200 (Personnel Separation – Enlisted Personnel), paragraph 5-11, SPN: JFW- erroneous enlistment; Medical condition disqualifying for military service, with no medical waiver approved. She did not meet procurement medical fitness. Her characterization is uncharacterized. She completed 4 months and 7 days net active service with no lost time. 5. The Army Discharge Review Board (ADRB), by letter, on 27 January 2012 to the applicant in response to her request to change her character and/or reason of discharge. After careful consideration of her military records and all other available evidence, the ADRB determined that she was properly and equitably discharged and denied her request. The ADRB advised the applicant that she may reapply to the ADRB for a personal appearance hearing and/or apply to the ABCMR 6. By regulation, paragraph 5-1, Characterization of service or description of Separation. States unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions or an entry level separation uncharacterized description of service if in entry level status. 7. 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. 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. AR 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 states 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 3-9, 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: * when characterization Under Other Than Honorable Conditions is authorized under the reason for separation and is warranted by the circumstances of the Case * 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 * the Soldier has less than 181 days of continuous active military service, has completed Initial Entry Training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment. 3. AR 40-501 (Standards of Medical Fitness – Medical Services) provides 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. a. Paragraph 2-10b, states the causes for rejection for appointment, enlistment, and induction the lower extremities for the foot and ankle: * absences of one or more small toes if function of the foot is poor or running or jumping is prevented; absence of a foot or any portion thereof except for toes * absence of great toe(s); loss of dorsal/plantar flexion if function of the foot is impaired * deformities of the toes, either acquired or congenital, including polydactyly, that prevent wearing military footwear or impair walking, marching, running, or jumping this includes hallux valgus * clubfoot or pes cavus if stiffness or deformity prevents foot function or wearing military footwear * symptomatic pes planus, acquired or congenital or pronounced cases, with absence of subtalar motion * ingrown toenails, if severe * planter fasciitis, persistent * neuroma, confirmed condition and refractory to medical treatment or will impair function of the foot b. 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. 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 active duty (AD) or active duty for 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 Army National Guard (NG) and Army Reserves (USAR), 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, -chapter 3 4. AR 635-5-1 (Personnel Separations-Separation Program Designators), states that the separation program number (SPN) code is used in statistical accounting to represent the reason for separation. 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 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170015651 4 1