BOARD DATE: 7 August 2020 DOCKET NUMBER: AR20180008101 APPLICANT REQUESTS: * an upgrade of her uncharacterized discharge to an honorable * change her Reentry (RE) Code from RE-3 to RE-1 * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for Correction of Military Record) in lieu of DD Form 149 (Application for Correction of Military Record) * Personal Statement * Certified DD Form 214 (Certificate of Release or Discharge from Active Duty) with separation date 21 July 1993 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: a. She sustained an injury during her basic training in which she pulled a bladder muscle. At the time of the injury she was taken to the hospital on Fort Jackson, SC. She was informed that surgery was strongly recommended. After surgery and recovery she was to restart basic training from day zero. At that point she was forced to make a hasty decision due to the amount of pressure imposed on her. To complicate matters further as she contemplated her decision, she was informed her mother, who was her legal guardian for her children, was diagnosed with stage four cancer, leukemia. The applicant had to cancel her surgery and the date was left open at her convenience. b. She was not aware of the discharge that she was receiving and she did not understand the severity of the discharge and its consequences. This injury was sustained during active duty and at no time did she warrant the type of discharge that she received. She never received any disciplinary actions nor any type of action under the UCMJ (Uniform Code of Military Justice). This type of discharge is normally given to people who conduct minor infractions and are discharged under this condition. In her case, her discharge should have been honorable with an "R1" (RE-1) code. 3. In connection with her enlistment, on 3 February 1993 the following documents were completed: a. SF 93 (Report of Medical History), which shows she indicated she was in good health, was not currently on any medications, and was allergic to codeine. She was hospitalized due to childbirth at age 21. She also indicated in February 1993, she had a history of hospitalization due to having a C-Section during childbirth, at age 26. The doctor stated she had a normal vaginal delivery at age 21. b. SF 88 (Report of Medical Examination) shows the examiner determined all the areas examined during her clinical evaluation were normal with the exception of her feet (mild asymptomatic pes planus) and identifying body marks, scars, and tattoos (round scar to right shoulder). The examiner qualified her for enlistment. 4. On 11 June 1993, the applicant enlisted in the Regular Army for a term of 3 years at the age of 34 years. 5. On 18 June 1993, the applicant was assigned to basic training (BT) at Fort Jackson, SC. The applicant?s medical records show on 28 June 1993, she was seen by medical personnel due to a complaint of a loss of bladder control on one occasion while on a run. The doctor indicated that she needed an examination, a pelvic exam. The consultation sheet further stated the applicant was in her second week of BT and experienced urinary stress incontinence during physical training. She was seen by the urology clinic; however, the consultation report is illegible. On 29 June 1993, she was seen by the surgical/urology clinic and the physician stated she continued to have incontinence while running, jumping, and physical activity. He determined that the condition existed prior to service (EPTS). He recommended that the applicant not perform various physical activities. 6. On 1 July 1993, an Entrance Physical Standards Board (EPSBD) determined the applicant was medically unfit for appointment or enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the condition existed prior to service. a. The board stated the history of the EPTS condition was stress urinary incontinence with increase physical activity – running and jumping. The subjective finding was increasing stress urinary incontinence. The objective finding was hypermobility of urethra plus stress test. The board recommended she be separated from the Army for failure to meet medical procurement standards in accordance with Army Regulation (AR) 40-501, chapter 2, paragraph 2-15. The condition existed prior to service; it was not permanently service aggravated. She met medical retention standards in accordance with AR 40-501, chapter 3. The medical approving authority determined retention was not practical and approved the proceedings b. Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, SC, memorandum, dated 6 July 1993, subject: Counseling and Processing Procedures for [EPTS] Medical Boards, shows the brigade legal noncommissioned officer (NCO) provided instructions and recommendations to the immediate commander on how to process the applicant's EPSBD proceedings. The brigade legal NCO recommended the commander counsel the applicant concerning her options and advise her that she had the opportunity to consult with an attorney. The applicant was given three days to make a decision. The memorandum discussed the applicable procedures if the Soldier requested discharge, if she requested retention, or if she disagreed with the medical findings. The immediate commander stated he had personally counseled the applicant regarding her options and she elected to request separation (counseling unavailable). c. On 7 July 1993, the applicant concurred with the proceedings and requested to be discharged from the Army without delay. Her chain of command endorsed the request, and on 13 July 1993, the appropriate authority approved the separation. 7. On 21 July 1993, the applicant was discharged accordingly. Her DD Form 214 shows she was separated according to AR 635-200 (Personnel Separations – Enlisted Separations), paragraph 5-11, for failure to meet medical procurement standards (no disability) with uncharacterized service. 8. AR 635-200, in effect at the time, stated commanders were to separate Soldiers who were not medically qualified under procurement medical fitness standards when they enlisted. EPSBD proceedings regardless of the date completed had to establish the following: that medical authority had identified the disqualifying medical condition(s) within 4 months of the Soldier's initial entry on active duty; that the condition(s) would have permanently disqualified the Soldier from entry into military service, had they been detected earlier; and that the medical condition did not disqualify him/her for retention in military service. A Soldier disqualified under this provision and has completed BT or eight weeks of one station training could request retention on active duty; the separation authority made the final determination. 9. AR 601-210 (Regular Army and Reserve Enlistment Program), Table 3-1 includes a list of Reentry Codes. RE-1 applies to Soldiers who are considered qualified for enlistment if all other criteria are met and RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. 10. AR 635-5-1 (Separation Program Designator (SPD) Codes) identified SPD code JFT as the appropriate code to assign to enlisted Soldiers administratively discharged under the provisions of AR 635-200, chapter 5-11, for not meeting procurement medical fitness standards with no disability. The SPD/RE Code Cross Reference Table confirms RE-3 as the proper code to assign to Soldiers separated with SPD code JFT. 10. The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this case. The ARBA Medical Advisor made the following findings and recommendations: The applicant is applying to the ABCMR in essence requesting a referral to the Disability Evaluation system (DES) and an upgrade of her uncharacterized 21 July 1993 discharge from the Army. The applicant’s pre-enlistment medical history and physical exam completed in February 1993 show her to be in good health. Supporting documents show she was referred to urology during her second week of basic combat training for urinary stress incontinence. The resulting urology consult is illegible. A follow-up urology clinic note dated 29 June 1993 reveals that she continued to have urinary incontinence with running and jumping, and that the urologist referred her to an EPSBD. This process is for enlisted Soldiers who within their first 6 months of active service are found to have a preexisting condition which does not meet the enlistment standard in chapter 2 of AR 40-501 (Standards of Medical Fitness), but does meet the chapter 3 retention standard of the same regulation. A second criterion for this process is that the preexisting condition was not permanently aggravated by their military service. The board noted her history of stress urinary incontinence. Her exam had revealed a hypermobile urethra and positive stress incontinence on testing. There was no evidence that her two weeks of service had permanently aggravated this condition. The board determined correctly that the applicant failed chapter 2 enlistment standards yet met chapter 3 retention standards. The chapter 2 enlistment standard for urinary incontinence is found in paragraph 2-15e, AR 40-501. It states that “Incontinence of urine” is a cause for rejection for enlistment. The applicable chapter 3 retention standard is in paragraph 3-17e, in which it notes that incontinence of urine fails medical retention standards when “Due to disease or defect not amenable to treatment and of such severity as to necessitate recurrent absence from duty.” With the board’s finding, the applicant was then appropriately processed under the provisions of paragraph 5-11 of AR 635-200. Given the current documentation, it is the opinion of the ARBA Medical Advisor that neither an upgrade of her discharge nor a referral of her case to the DES is warranted. BOARD DISCUSSION: 1. The Board determined the available records are sufficient to fully and fairly consider this case without a personal appearance by the applicant. 2. The Board carefully considered the applicant's request, supporting documents, evidence in the records, and a medical review. The Board concurred with the conclusions of the ARBA Medical Advisor, finding insufficient evidence to support a recommendation to change her RE Code or the character of her service. The Board asks the applicant to note that "uncharacterized" service is not punitive; it merely means the Soldier was discharged within the first 180 days of service. Neither is being assigned RE-3 punitive; it merely means a waiver is required—in this case a waiver based on an EPTS medical condition—if the Soldier desires to enlist. Based on a preponderance of evidence, the Board determined the record as currently constituted is not in error or unjust. 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, 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 (AR) 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR has the discretion to hold a hearing; applicants do not have a right to appear personally before the Board. The Director or the ABCMR may grant formal hearings whenever justice requires. 3. AR 635-200 (Personnel Separations-Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. An honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier’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. Uncharacterized Separations –– Soldiers separated in an entry-level status receive an uncharacterized character of service. A separation is an entry level status separation if its processing is initiated during the Soldier's first 180 days of continuous active duty. The Secretary of the Army could, on a case-by-case basis, issue an honorable character of service to entry-level Soldiers when clearly warranted by unusual circumstances involving personal conduct or duty performance. c. Paragraph 5-11 specifically provided that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment were to be separated. EPSBD proceedings regardless of the date completed had to establish the following: that medical authority identified the disqualifying medical condition(s) within 4 months of the Soldier's initial entrance on active duty; that the condition(s) would have permanently disqualified the Soldier from entry into military service, had it been detected earlier; and that the medical condition did not disqualify him/her for retention in military service. A Soldier disqualified under this provision and has completed BT or eight weeks of one station training could request retention on active duty; the separation authority made the final determination. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized (entry level status) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action. 4. AR 635-40, in effect at the time, governed the evaluation for physical fitness of Soldiers would might be unfit to perform their military duties due to a disability. It states the mere presence of an impairment did not, of itself, justify a finding of unfitness due to physical disability. In each case, it was necessary to compare the nature and degree of the physical disability with the duty requirements of the soldier, based on his or her office, grade, rank, or rating; and a Soldier was presumed to be in sound physical and mental condition upon entering active duty. 5. AR 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, prescribed eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve. Table 3-1 includes a list of RE codes. * an RE-1 applies to Soldiers completing their terms of active service who are considered qualified for enlistment if all other criteria are met * an RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable - they are ineligible unless a waiver is granted 6. AR 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD code to be entered on the DD Form 214. It identifies SPD code JFT as the appropriate code to assign to enlisted Soldiers administratively discharged under the provisions of AR 635-200, chapter 5-11, did not meet procurement medical fitness standards – no disability. 7. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Regular Army and Reserve Component Soldiers. The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established RE code 3 as the proper RE code to assign to Soldiers separated with SPD code JFT. 8. 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. a. 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 on the basis of 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 relevant error or injustice was committed, and uniformity of punishment. b. 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// ABCMR Record of Proceedings (cont) AR20180008101 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20180008101 7 ABCMR Record of Proceedings (cont) AR20180008101 6