IN THE CASE OF: BOARD DATE: 10 July 2020 DOCKET NUMBER: AR20180004832 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 September 1992 to show he was honorably discharged. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of title 10, U.S. Code, Section 1552), dated 2 September 2018 * DD Form 214, for the period ending 28 September 1992 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, 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 he was told by the medical staff when he left that he would leave on a "Medical 200" or honorable discharge. He was advised by the doctor on base that he should not have been let into the military in the first place due to flat feet. He also suffered burns to the head from the environment because they were not allowed to be covered. He should have been advised that his feet were flat and that the military had standards to follow. He was misinformed and did not verify, as he was only 18 years old, and he was pushed out of the military without knowledge. 3. A DD Form 2246 (Applicant Medical Prescreening Form), dated 26 March 1992, indicates the applicant was medically authorized for entrance processing. The applicant did not note any previous medical history, with the exception of having taken over the counter cough medicine. 4. The applicant completed his entrance physical on 30 March 1992. The relevant Standard Form (SF) 93 (Report of Medical History) indicates he was in good health. The only prior medical condition he noted was "acne vulgaris." The Report of Medical Examination indicates the applicant was determined to have mild, asymptomatic pes planus (flat feet). 5. The applicant enlisted in the Regular Army on 12 August 1992. 6. A DA Form 5181-R (Screening Note of Acute Medical Care) indicates the applicant was treated for sunburn to the head and tendonitis in elbows on 25 August 1992. He was prescribed three days of light indoor duty pending follow up. 7. A DA Form 5181-R, dated 27 August 1992, indicates the applicant attended a follow up appointment for severe sunburn reaction. The condition was resolving. He was prescribed physical fitness at his own pace and tolerance for three days. 8. A DA Form 5181-R and corresponding SF 513 (Medical Record – Consultation Sheet), dated 2 September 1992, indicates the applicant was seen for symptomatic pes planus and was referred to podiatry for an evaluation of fitness for duty. 9. The applicant was seen at the Podiatry Clinic, Ireland Army Community Hospital, Fort Knox, KY, on 15 September 1992. He was diagnosed with symptomatic flexible pes planus bilateral which failed to respond to conservative treatment. He was found unfit for military service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), Chapter 2-10b(5). A waiver was not recommended due to the possible static and progressive nature of the condition. 10. A Notification of Service Member Pending Entrance Physical Standards (EPS) Board), dated 15 September 1992, states the applicant’s organization was notified of his pending Entrance Physical Standards Board (EPSBD), and to suspend all physical activities that would interfere with the medical condition as stated on the DA Form 3349 (Physical Profile). 11. A DA Form 4707 (EPSBD Proceedings), dated 16 September 1992, states the applicant was not recommended for consideration for retention. The form is void of the applicant's signature or acknowledgement of the EPSBD proceedings. 12. The applicant was discharged on 28 September 1992, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, by reason of failure to meet procurement medical fitness standards. He was credited with completing one month and 17 days of net active service and was not awarded a military occupational specialty. His service was uncharacterized. 13. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. The evidence of record shows the applicant was in an entry-level status at the time his separation processing commenced. As a result, his service was appropriately described as "uncharacterized" in accordance with governing regulations. BOARD DISCUSSION: The Board noted that the applicant's pes planus had been clearly identified before he entered military service and, when the condition became symptomatic after he began his initial entry training, he was unable to complete that training. As such, he was referred to the EPSBD, which determined he should not be retained. The Board further noted that the applicant's portion of the EPSBD form was not completed, but found that the absence of his election to concur with or disagree with the findings does not, on its own, form a basis for relief. The facts of the case clearly show he was unfit to continue military training, and by a preponderance of the evidence, the Board determined his entry-level discharge with uncharacterized service was not in error, inequitable, or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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 40-501 (Standards of Medical Fitness) provides the medical fitness standards for induction, enlistment, appointment and retention as it applies to candidates for military service and Active Army personnel. It also prescribes related policies and procedures. 3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3 provides that a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated. b. 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. c. Paragraph 3-9, in effect at the time of the applicant's separation, provided that a separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry-level status, except when: (1) a discharge under other than honorable conditions was authorized, due to the reason for separation and was warranted by the circumstances of the case; or (2) the Secretary of the Army, on a case-by-case basis, determined a characterization of service as honorable was clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization was authorized when the Soldier was separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority. d. Paragraph 5-11 provided 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 entrance on active duty, active duty for training, or initial entry training would be separated. Medical proceeding, 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, that the condition would have permanently or temporarily disqualified the Soldier for entry into military service had it been detected at that time, and the medical condition did not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501. e. The character of service for Soldiers separated under this provision would normally be honorable, but would be uncharacterized if the Soldier was in an entry-level status. An uncharacterized discharge is neither favorable nor unfavorable; in the case of Soldiers issued this characterization of service, an insufficient amount of time would have passed to evaluate the Soldier's conduct and performance. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180004832 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20180004832 5 ABCMR Record of Proceedings (cont) AR20180004832 4