IN THE CASE OF: BOARD DATE: 3 August 2020 DOCKET NUMBER: AR20180009131 APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 14 October 1998, to show she 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 26 May 2018 * DD Form 214, for the period ending 14 October 1998 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code (USC), 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 in her record, her character of service is shown as uncharacterized. To her knowledge, it should show she was honorably discharged. She is not sure why this error is on her record. She was told she would receive an honorable discharge. 3. In preparation for enlistment in the Regular Army, the applicant underwent an initial entry examination on 22 May 1998, wherein she was found qualified for enlistment. 4. The applicant enlisted in the Regular Army on 15 September 1998. She reported to Fort Jackson, SC to complete her initial entry training. Her service record indicates she did not complete her initial entry training prior to discharge. 5. The applicant underwent medical evaluation board (MEB) proceedings on 6 October 1998. The relevant DA Form 3947 (MEB Proceedings) and Narrative Summary noted the following: * she was diagnosed with chronic bilateral knee pain/retro-patellar pain syndrome * the condition existed prior to service (EPTS) and was not permanently aggravated by service * she was found unfit for retention in accordance with medical fitness standards under the provisions of Army Regulation 40-501 (Standards of Medical Fitness) * the board recommended her separation from service under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), Chapter 5 * she was informed of the right to appeal and legal counsel was made available * she concurred with the board's findings and recommendation 6. Subsequently, the applicant requested a discharge for physical disability based upon the findings and recommendations of the MEB. She was informed she would be separated by reason of EPTS physical disability and that she would receive a discharge in keeping with the character of her service. She waived consideration of her case by a physical evaluation board (PEB). 7. The applicant's immediate commander further recommended her separation in accordance with the board's findings. The separation authority approved the recommended separation action on 7 October 1998. 8. The applicant was discharged on 14 October 1998. Her DD Form 214 confirms she was discharged under the provisions of Army Regulation 635-40, Chapter 5, by reason of disability, existed prior to service - medical board. Her service was uncharacterized. She was credited with completing one month of net active service. 9. 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 of her separation. As a result, her service was appropriately described as "uncharacterized" in accordance with governing regulations. 10. 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: There were no records in HAIMS, AHLTA. In the Report of Medical History, previous tonsillectomy was noted, but there were no musculoskeletal complaints. In the applicant’s Report of Medical Exam, the provider noted the applicant had defective distance vision and that the applicant was a little over weight for her age and height but no musculoskeletal abnormalities were found during the exam. There were no in-service treatment records. However, the MEB (Medical Evaluation Board) Proceedings showed that the applicant reported chronic bilateral knee pain and grinding behind the kneecap on the right more than left without a history of trauma. She had pain with PT, kneeling, crawling and especially with going up and downstairs. She was diagnosed with Chronic Bilateral Knee Pain/Retropatellar Pain Syndrome. The applicant was given a permanent L3 profile. The known medical principles concerning this condition is that in the absence of the rigors of military training, symptoms will resolve. The MEB found that IAW AR 40-501 para 3-14e, the bilateral knee condition did not meet retention standards. The MEB also found the bilateral knee condition existed prior to service and was not aggravated by military service. She was advised that her case could be considered by a PEB (Physical Evaluation Board), but she declined this and was separated para 5-2, AR 635-40. She served 1 month. There were no mental health or competency concerns noted. BOARD DISCUSSION: 1. After review of the application and all evidence, including the applicant’s statement and the ARBA Medical Advisory Opinion, the Board determined there is insufficient evidence to grant relief. The applicant attended BCT and was on active duty for one month before separating. The governing regulation provides that a separation will be described as an entry-level separation, with service uncharacterized, if the separation action is initiated within the first 180 days of service, while a Soldier is in entry-level status. The applicant underwent medical evaluation board (MEB) proceedings on 6 October 1998, while in BCT. The MEB determined the applicant’s knee condition existed prior to service. As such, the applicant’s DD Form 214 properly shows her service as uncharacterized, with a proper narrative reason. 2. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. a. Chapter 5 provides for separation of an enlisted Soldier for non-service aggravated existed prior to service conditions when the Soldier requests waiver of a physical evaluation board evaluation. This chapter is applicable to enlisted Soldiers on active duty for more than 30 days. b. Paragraph 5-5 provides that if the Soldier is in an entry level status at the time of processing, the DD Form 214 may describe service as uncharacterized in accordance with Army Regulation 635-200, Chapter 3. 3. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) 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. 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) AR20180009131 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20180009131 5 ABCMR Record of Proceedings (cont) AR20180009131 4