ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 April 2019 DOCKET NUMBER: AR20170019021 APPLICANT REQUESTS: an upgrade of his uncharacterized discharge to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored statement * DD Form 689 (Individual Sick Slip * Memorandum for Army Education Center (GI Bill) * Letter from the National Personnel Records Center * DD Form 2366 (Montgomery GI Bill application * Reverse DA Form 3285-57 * Copy of page out of the Armed Services Veterans Education Guide * DA Form 3286-59 (Statement for Enlistment) * DD Form 93-E (Record of Emergency Data) * Orders: 211-1 (Reporting to Basic Training) * DA Form 4187-E (Advancement to PV2) * Reassignment Orders: 345-00207 * Orders: 082-0120 (Discharge Orders) * DD Form 1966/1 (Record of Military Processing) * Statement of Understanding to receive an Incentive bonus * DA Form 3286-66 (Statement of Understanding Incentive Enlistment Program) * DA Form 5286-R (Individual Training Record) * DFAS Form 702 (Leave and Earnings Statement) 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. 1. 2. The applicant provides various personnel documents from his service record including enlistment-related documents, emergency data documents, and other related documents. 2. Review of the applicant’s service record shows: a. He enlisted in the Regular Army on 12 November 1998. He was assigned to Fort Sill, OK for training. b. His DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) shows he was seen for an EPTS (existed prior to service) discharge due to bilateral knee pain he sustained in a motor vehicle accident a month before arriving to basic training. He was unable to continue training. The examining medical officer recommended he be separated from the Army for failure to meet medical fitness standards of Army Regulation (AR) 40-501 (Standards of Medical Fitness), paragraph 2-10(d)2. c. On 8 March 2009, the medical approving authority approved the findings shown on the DA Form 4707 as stated/diagnosed by the medical doctors and stated on his narrative summary. d. On 10 March 1999, the applicant's EPSBD Proceedings were forwarded to the applicant's unit for appropriate action in accordance with of (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11. e. On 18 March 1999, he 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 counseling, the applicant concurred with the proceedings and requested to be discharged from the Army without delay. f. On 18 March 1999, the unit commander recommended the applicant's separation, and on 22 March 1999, the discharge authority approved the applicant's separation from the Army under the provisions of AR 635-200, paragraph 5-11, by reason of failure to meet medical fitness standards. g. He was discharged accordingly on 26 March 1999. His DD Form 214 shows he completed 4 month and 15 days (135 days) of creditable active service. His DD Form 214 shows he was discharged under the provisions of AR 635-200, paragraph 5-11. The narrative reason for separation shows "FAILURE TO MEET PROCUREMENT MEDICAL FITNESS STANDARDS" and his service was uncharacterized. h. On 17 March 2010, the Army Discharge Review Board (ADRB) reviewed his application, military records, and other available evidence, and determined he was properly and equitably discharged. Accordingly, the ADRB denied his request to change the character of service or the reason for separation. 4. By regulation: a. A member's service is under review during the first 180 days of continuous active military service. When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant a discharge under other than honorable conditions. An honorable characterization may be issued only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army. b. In all other circumstances, an entry-level (uncharacterized) separation is issued regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not derogatory. It simply means the Soldier did not serve on active duty long enough for his or her service to be rated. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted. Based upon the applicant’s discharge being initiated within the first 180 days of federal service, the Board concluded that the characterization of service received at the time of discharge was appropriate. For that reason, the Board recommended denying the applicant’s request for relief. 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. 5/7/2019 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. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for separation of enlisted personnel. a. Paragraph 5-11 specifically provides that Soldiers who are 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, active duty for training, or initial entry training will be separated. A medical proceeding conducted by an EPSBD, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time of enlistment, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action. b. An uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized by the reason for separation and is warranted by the circumstances of the case or when 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. c. Paragraph 3-7a provides that 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. 3. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. It states that according to accepted medical principles, certain abnormalities and residual conditions exist that, 1. when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service. Examples are manifestation of lesions or symptoms of chronic disease from date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) will be accepted as proof that the disease existed prior to entrance into active military service. 4. Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, appointment, retention, and separation. Chapter 2 provides the physical standards for enlistment/induction.