IN THE CASE OF: BOARD DATE: 31 July 2020 DOCKET NUMBER: AR20180005030 APPLICANT REQUESTS: honorable discharge due to physical disability in lieu of uncharacterized discharge due to failure to meet procurement medical fitness standards. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 she was discharged due to a medical injury. 3. The applicant enlisted in the Regular Army on 18 October 2001. 4. The applicant's complete separation package and the circumstances pertaining to her discharge are not available for the board's review; however, her DD Form 214 shows she was discharged on 25 February 2002, under the provisions of Army Regulation 635-200 (Personnel Separation - Enlisted Personnel), paragraph 5-11, for failure to meet procurement medical fitness standards. She completed 4 months and 8 days of net active service this period. Item 24 (Character of Service) shows "UNCHARACTERIZED." 5. The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant's records in iPERMS, the Armed Forces Health Longitudinal Technology Application (AHLTA), Health Artifacts Image Management Solutions (HAIMS) and the VA's Joint Legacy Viewer (JLV) and made the following findings and recommendations: The applicant is requesting a change in the character of her discharge from uncharacterized to honorable due to physical disability. The applicant enlisted in the Army on 18 October 2001. The applicant did not submit any medical records to support her assertions. She states in her ABCMR application that she was separated due to an injury she reportedly sustained during basic combat training (BCT). Due to the period of the applicant’s service there are no records contained in AHLTA. There is no medical information contained in JLV. There are no available documents to support the applicant’s assertion that she was injured in BCT. The applicant was separated from the Army on 25 February 2002 IAW AR635-200, Chapter 5-11 with an uncharacterized character of service and a narrative reason as separation for failure to meet procurement standards. The applicant had served less than 180 days on active duty. Therefore, based on the available information, the Agency Medical Advisor finds that there is insufficient evidence to warrant a change in the applicant’s character of service or the narrative reason for her discharge. 6. Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-11 states 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 or active duty for training for initial entry training may be separated. Such conditions must be discovered during the first 6 months of active duty. For character of service, paragraph 5-1 should be adhered to. 7. Army Regulation 40-501 (Standards of Medical Fitness) provides information on medical fitness standards for induction, enlistment, appointment, retention, and related policies and procedures. Chapter 2 provides for evaluation by an EPSBD for Soldiers with medical conditions or physical defects predating original enlistment, these standards apply for enlistee's first six months of active duty. 8. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. BOARD DISCUSSION: The Board carefully considered the applicant contentions and request award her an honorable discharge due to physical disability in lieu of her uncharacterized discharge due to failure to meet procurement medical fitness standards. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The Board agreed with the Medical Advisory Opintion that the applicant profided no and the record is void of available documents to support the applicant’s assertion that she was injured in BCT. The applicant was separated from the Army on 25 February 2002 IAW AR635-200, Chapter 5-11 with an uncharacterized character of service and a narrative reason as separation for failure to meet procurement standards. The applicant had served less than 180 days on active duty. Therefore, based on the available information, the Board found insufficient evidence to warrant a change in the applicant’s character of service or the narrative reason for her discharge. 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, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-1 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 uncharacterized description of service if in an entry-level status. b. Paragraph 5-11 states 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 or active duty for training for initial entry training may be separated. Such conditions must be discovered during the first 6 months of active duty. For character of service, paragraph 5-1 should be adhered to. 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. 3. Army Regulation 40-501 (Standards of Medical Fitness) provides information on medical fitness standards for induction, enlistment, appointment, retention, and related policies and procedures. Chapter 2 provides for evaluation by an EPSBD for Soldiers with medical conditions or physical defects predating original enlistment, these standards apply for enlistee's first six months of active duty. 4. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180005030 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1