ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 August 2019 DOCKET NUMBER: AR20170016736 APPLICANT REQUESTS: * an upgrade to her uncharacterized discharge to an honorable discharge-medical * vetverify.org benefits APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Personnel Records Center (NPRC) Letter * DD Form 214 (Certificate of Release or Discharge from Active Duty) * vetverify.org email 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 was honorably discharge due to asthma. Her recruiter knew she had asthma and signed her anyway. She tried to register for vetverify.org and she was not eligible. She is a veteran affairs accredited attorney and she still tries to help service members. She is not seeking healthcare, just online veteran’s shopping. 3. The applicant provides: a. Her NPRC letter dated 14 August 2017, responding to her request for her separation/discharge papers. b. Her DD Form 214 showing her service from 10 June 1993 to 26 July 1993. a. c. An vetverify.org email dated 22 September 2017, which shows she does not meet the requirement for verification to participate in the veterans online shopping benefit. 4. A review of 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 10 June 1993. She was assigned to basic training Echo Company, 3rd Training Brigade, Fort Leonard Wood, MO from 16 June 1993 to 26 July 1993. b. The Entrance Physical Standard Board (EPSBD) Proceedings completed on 22 June 1993 at the medical treatment facility at Fort Leonard Wood, MO shows her chief complaint was shortness of breath with exertion. She had developed shortness of breath intermittently with exertional activities three years prior to enlistment. The examiner diagnosed her with bronchial asthma, and recommended under the provision of AR 40-501 (Standards of Medical Fitness – Medical Services), paragraph 2-24 the applicant be discharged from the Army for history of asthma, which existed after age 12. This condition existed prior to service by history and precluded enlistment. c. The applicant on 16 July 1993, was informed of the medical findings and understood that legal advice of an attorney employed by the Army was available or she could have consulted with civilian counsel at her own expense. She concurred with the proceedings and requested to be discharge from the Army without delay. d. Her immediate commander recommended that the she be discharged on 16 July 1993. She had not completed 8 weeks of basic training. e. On 21 July 1993, the separation authority approved the applicant’s discharge under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 5-11, she did not meet procurement medical fitness standards. f. She was discharged on 26 July 1993. Her DD Form 214 shows she was discharged under the provisions of AR 635-200, paragraph 5-11, SPN: JFT unqualified for active duty – other, she did not meet procurement medical fitness standards no disability. Her character of service is uncharacterized. She had 1 month and 17 days of net active service with no lost time. 5. The VetVerify.org is a shared verification service of the four military exchanges (AAFES, NEXCOM, MCX and CGX) that supports the Veterans online shopping benefit by verifying Veterans who cannot be authenticated by the exchanges alone. 6. There is no evidence the applicant applied to the Army Discharge Review Board for review of her discharge within that board's 15-year statute of limitations. 1. 7. 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. 8. By regulation, AR 40-501 (Standards of Medical Fitness – Medical Services) gives the various medical conditions and physical defects which may render a Soldier unfit for further military service. Paragraph 2-24d, states the cause of rejection for appointment, enlistment, and induction asthma, reactive airway disease, and exercise-induced bronchospasm. 9. The Board can 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. The Board found the applicant was separated for not meeting medical procurement standards; there was no evidence that her condition constituted a disability. As such, her DD Form 214 properly shows her service as uncharacterized. Based on a preponderance of evidence, the Board determined there was not error or injustice. 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. The Board has no mission nor authority to approve benefits provided by agencies external to the Army. 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. 9/10/2019 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. AR 635-200 (Personnel Separations – Enlisted Personnel), 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 3-7b states 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 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 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 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 active duty (AD) or active duty for training (ADT) for initial entry training, will be separated. Medical proceedings, a. 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 3. AR 40-501 (Standards of Medical Fitness – Medical Services) 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. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), 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. The VetVerify.org is a shared verification service of the four military exchanges (AAFES, NEXCOM, MCX and CGX) that supports the Veterans online shopping benefit by verifying Veterans who cannot be authenticated by the exchanges alone 6. 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 1. 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//