BOARD DATE: 30 March 2020 DOCKET NUMBER: AR20180005453 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to upgrade of her characterization of service from uncharacterized to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * two DD Forms 149 (Application for Correction of Military Record) * self-authored statement * Standard Form (SF) 93 (Report of Medical History), dated 5 February 1983 * SF 88 (Report of Medical Examination), dated 5 February 1983 * DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 24 June 1983 * DA Form 2496 (Disposition Form), dated 30 June 1983 * DD Form 214, ending 7 July 1983 * Honorable Discharge Certificate, dated 7 July 1983 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), ending 7 July 1083 * medical slip, University of Medicine and Dentistry of New Jersey University Hospital, Prenatal Clinic, dated 21 July 1983 * DA Form 2985 (Admission and Coding Information), dated 2 August 1983 * DA Form 3647-1 (Inpatient Treatment Record Cover Sheet), dated 2 August 1983 * key punch cards, undated * letter, the Medical Care Center at Woodbridge, dated 27 August 1983 * letter, Case Management Division, dated 22 February 2018 FACTS: 1. The applicant did not file within the three-year period 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's complete military records are not available for review. A complete and thorough search for his military records was conducted; however, her records could not be located. This case is being considered based on the documents provided by the applicant. 3. The applicant states the New Jersey Army National Guard (NJARNG) released her for the wrong medical diagnosis. On 20 June 1983, while attending basic combat training, the applicant was put on medical hold for the diagnosis of asthma. The applicant went to a medical physical after her release from the United States Army to treat her diagnosis of asthma. During her physical, it was determined that she did not have asthma but was pregnant at the time. The applicant states that if she had received the correct medical diagnosis during basic combat training she could have made the decision to terminate her pregnancy and continue her military service. 4. The applicant provides an SF 93, dated 5 February 1983, which she completed prior to enlisting. The document shows she acknowledged that she had a history of asthma and was in good health. 5. The applicant enlisted in the NJARNG on 8 February 1983. 6. On 6 June 1983, she entered initial active duty for training to attend basic combat training. 7. She provides a DA Form 2496, dated 20 June 1983, which shows she was placed on an outpatient medical hold status for asthma with a pending action for separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), 5-11 (Separation of personnel who did not meet procurement medical fitness standards). a. She was examined and found to have a physical defect, which affects her training/assignment, and it was recommended that her parent unit take the following actions: * placing her in a hold status and not transferring from the current station * excusing her from any duties which would conflict with physical limitations noted in the form * insuring she was available for medical exams and processing b. The form itself constituted a temporary profile in lieu of a DA Form 3349 (Physical Profile). 8. She provides a DA Form 4707 (EPSBD Proceedings), dated 24 June 1983, which shows the evaluating physicians made the following findings: a. The date of her original illness was unknown and the chief complaint was asthma. b. She had a history of asthma until the age of 12, when her asthma stopped and she was asymptomatic until entering basic combat training. Since entering basic combat training, she developed wheezing again, requiring discontinuation of physical exertion. c. The physical examination revealed quiet wheezes in all lung fields, but was otherwise normal. She received a diagnosis of bronchial asthma, which was determined to be in the line of duty, and to have existed prior to service (EPTS). The examining physicians determined she was unfit for enlistment according to Army Regulation 40-501 (Standards of Medical Fitness), chapter 2-26b (Bronchial Asthma), and that she should be separated from the service under the provisions of Army Regulation 635-200, paragraph 5-11. The examining physician medically cleared her for separation. d. She was informed of the medical findings. Additionally, she understood that legal advice of an attorney employed by the Army was available to her or that she could consult with civilian counsel at her own expense. She also understood that she may request to be discharged from the U.S. Army without delay or request retention on active duty. If retained, she may be reclassified to another military occupational specialty involuntarily based upon her medical condition. The applicant check a checked and initialed the block, "I concur with these proceedings and request ot be discharged from the US Army without delay." 9. The applicant was discharged on 7 July 1983, under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of did not meet procurement medical fitness standards – no disability. Her DD Form 214 shows she was issued an entry level status (uncharacterized) character of service, with a separation code of "JFT," and completed 1 Month and 2 days of net active service and 3 months and 28 days of inactive service. She did not complete basic training and she was not awarded a military occupational specialty. 10. She provides an NGB Form 22, showing she was honorably discharged from the NJARNG on 7 July 1983 while still in a trainee status. 11. She provides an Honorable Discharge Certificate, which shows she was honorably discharged from the ARNG and the Reserve of the United States on 7 July 1983. 12. She provides a medical slip from the University of Medicine and Dentistry of New Jersey University Hospital, prenatal clinic, dated 21 July 1983. The form indicates she conceived on or around 23 May 1983, she was approximately 8 weeks pregnant as of 21 July 1983, and her estimated due date was on or around 28 February 1984. 13. She provides a DA Form 2985, dated 2 August 1983, which shows she received a diagnosis of bronchial asthma, which was considered in the line of duty and EPTS. 14. She provides a DA Form 3647-1, dated 8 August 1983, which shows she received a medical board on 24 June 1983, and she was diagnosed with bronchial asthma. 15. She provides a letter from the Medical Care Center at Woodbridge, dated 27 August 1983, which states she was referred from Hurtado Health Center, where she was diagnosed with pregnancy. She had a termination of pregnancy (D & C) on 10 August 1983. She was seen post-operatively on 27 August 1983, and she appears well and in good health. 16. Army Regulation 635-200, paragraph 5-11, in effect at the time provides, members who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment will be separated. Medical proceedings, regardless of the dated completed, must establish that a medical condition was identified by appropriate military medical authority within 4 months of the member's initial entrance on Active Duty or Active Duty for Training under the Reserve Enlistment Program 1963 which --- (1) would have permanently disqualified him or her for entry in the military had it been detected at the time; and (2) does not disqualify him or her for retention in the in the military service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness) chapter 3. As an exception, a member who meets the above criteria, but who requests to complete the period of service for which enlisted, may be retained in the service (with the exception of EPTS pregnancies). Additionally, a member being separated under paragraph 5-11 will be awarded a character of service of honorable, under honorable conditions, or an entry-level separation. This regulation also provided: a. A separation will be described as an entry level separation (uncharacterized) if processing in initiated while a member is in entry status. b. Entry level status is defined as the first 180 days of continuous active duty military service. For members of the Reserve Component who have not completed 180 days of continuous active military service and who are not on active duty, entry level status begins upon enlistment in a Reserve Component (including a period of assignment to a delayed entry program) and terminates 180 days after beginning an initial period of entry level active duty training. For purposes of characterization of service or description of service, the member's status is determined by the date of notification to the member as the initiation of separation proceedings. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant’s statement, her record and length of service, the nature of her medical condition and the reason for her separation. The Board considered the review of the EPSBD and the determination that her diagnosis was considered in the line of duty and existed prior to service. The Board found the applicant did not complete required training and she was not awarded an MOS; she was in an entry-level status at the time of her separation. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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, 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 40-501 (Standards of Medical Fitness), governs medical fitness standards for enlistment, induction, appointment, retention, and separation. Chapter 2 provides for the physical standards for enlistment or induction. 3. Army Regulation 635-200, paragraph 5-11, in effect at the time provides, members who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment will be separated. Medical proceedings, regardless of the dated completed, must establish that a medical condition was identified by appropriate military medical authority within 4 months of the member's initial entrance on Active Duty or Active Duty for Training under the Reserve Enlistment Program 1963 which --- (1) would have permanently disqualified him or her for entry in the military had it been detected at the time; and (2) does not disqualify him or her for retention in the in the military service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness) chapter 3. As an exception, a member who has completed basic combat training or 8 weeks of One Station Unit Training, and was not medically qualified under procurement medical fitness standards when accepted for initial enlistment, and the condition was identified by appropriate military medical authority within 4 months of the member's initial entrance on Active Duty or Active Duty for Training, but who requests to complete the period of service for which enlisted, may be retained in the service (with the exception of EPTS pregnancies). Additionally, a member being separated under paragraph 5-11 will be awarded a character of service of honorable, under honorable conditions, or an entry-level separation. This regulation also provided: a. An 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. Only the honorable characterization may be awarded a member upon completion of his or her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reasons for separation, unless and entry level status separation (uncharacterized) is warranted. b. A separation will be described as an entry level separation (uncharacterized) if processing in initiated while a member is in entry status. c. Entry level status is defined as the first 180 days of continuous active duty military service. For members of the Reserve Component who have not completed 180 days of continuous active military service and who are not on active duty, entry level status begins upon enlistment in a Reserve Component (including a period of assignment to a delayed entry program) and terminates 180 days after beginning an initial period of entry level active duty training. For purposes of characterization of service or description of service, the member's status is determined by the date of notification to the member as the initiation of separation proceedings. 4. Army Regulation 635-5-1 (Personnel Separations – Separation Program Designators (SPD)), in effect at the time, prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD to be used for these stated reasons. It shows separation by paragraph 5-11 of Army Regulation 635-200 the reason of separation to be "did not meet procurement medial fitness standards, no disability" and the SPD code of "JFT." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180005453 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1