BOARD DATE: 2 May 2019 DOCKET NUMBER: AR20180013136 APPLICANT REQUESTS: The applicant requests an upgrade of her uncharacterized discharge to honorable. 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) * Marriage Certificate 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 she had no misconduct while enlisted. On her DD Form 214 it states she was given a National Defense Service Medal, which is only given for honorable service. She was told by the doctor at Fort Jackson, SC, that she would have a medical discharge. She was not given any papers when she was put on sick- call. 3. On 5 September 1995, she enlisted in the Regular Army for a period of 3 years. She did not complete training requirements. 4. Her record contains Medical Evaluation Board (MEB) Proceedings that show, after consideration of clinical records, laboratory findings, and physical examination, the board diagnosed the applicant with recurrent left ankle pain that existed prior to entry in the service (EPTS). The MEB also recommended that she be separated from service under the provisions (UP) of chapter 5, Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation). 5. The approval authority approved the findings and recommendation of the MEB. The applicant indicated that she had been informed of the approved findings and recommendation of the board. She also requested to be separated and to waive PEB evaluation and further stated: a. She requests discharge for physical disability based upon the findings and recommendations of an MEB. The MEB considered her unqualified for retention in the military service because of physical disability that was found to have existed prior to her entry into active service. The MEB found the disability neither incident to nor aggravated by, her military service. b. She had been fully informed and understood that she was entitled to the same consideration and processing as any other Soldier of the Army separated for physical disability. She understood this included consideration of her case by a PEB. However, she elected not to exercise this right. She also understood the Veterans Administration (VA) would determine entitlement to VA benefits. c. If this application was approved, she understood that she would be separated by reason of EPTS physical disability. She also understood and that she would receive a discharge in keeping with the character of her service, as decided by the officer designated to effect her separation. 6. A Narrative Summary (Clinical Resume) completed by a medical doctor states the applicant met the criteria of paragraph 5-2, AR 635-40 and had been informed of the right to appeal the proceedings to a Physical Evaluation Board (PEB) if so desired. Legal counsel was made available to the soldier. 7. The applicant’s record also contained a statement wherein she stated in part, she was being discharged from the U.S. Army due to left ankle pain whenever she ran. She had problems with it [her ankle] before. She had informed her recruiter about it, and he told her not to say anything about it. She spoke up during the moment of truth at reception. 8. On 20 September 1995, her chain of command recommended approval of her separation for failure to meet medical procurement standards and medical retention standards in accordance with (IAW) chapter 3, paragraph 3-39e, AR 40-501 (Standards of Medical Fitness). 9. On 26 September 1995, the separation authority approved her separation from service for recurrent left ankle pain, primary type medical procurement standards and medical retention standards IAW chapter 3, paragraph 3-41c(2), AR 40-501. The applicant was directed to be separated from service IAW chapter 5, AR 635-40. 10. On 3 October 1995, the applicant was discharged accordingly with an uncharacterized character of service by reason of disability, EPTS-Medial Board. She completed “29” days of net active service. 11. AR 635-40, chapter 5 provides for separation of an enlisted soldier for non-service aggravated EPTS (existed prior to service) conditions when the Soldier requests waiver of PEB evaluation. This chapter is applicable to enlisted Soldiers on active duty for more than 30 days. Separation under the authority of this chapter is not to be confused with separation under the provisions of AR 635-200 (Personnel Separations – Enlisted Personnel), chapter 5. The latter provides for involuntary separation within the first 6 months of entry onto active duty for failure to meet procurement fitness standards. If the time period exceeds 6 months or if the condition is disqualifying under AR 40-501, chapter 3, a soldier is entitled to evaluation by a PEB or may waive evaluation under this chapter. 12. AR 40-501, chapter 3 states a Soldier may be rendered unfit for further military service based on miscellaneous conditions and defects, individually or in combination, if the conditions result in interference with satisfactory performance of duty as substantiated by the individual's commander or supervisor. The individual's health or well-being would be compromised if he or she were to remain in the military service. 13. AR 635-200 contains guidance that states: a. 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 will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by the 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 in the military service had it been detected at that time, and that the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3. b. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status. Entry-level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The governing regulation provides that a separation will be described as an entry-level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status. The applicant underwent an MEB that determined she was unqualified for retention in the military service because of physical disability that was found to have existed prior to her entry into active service. The MEB also found the disability neither incident to nor aggravated by her military service. Pursuant to the MEB, the applicant’s chain of command recommended and the separation authority approved her separation from service for recurrent left ankle pain. The applicant waived her right to a PEB. The applicant served less than 180 days on active duty. As such, her DD Form 214 properly shows her service as uncharacterized. 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 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. 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 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. AR 635-40 establishes the Army Physical Disability Evaluation System. It sets forth policies, responsibilities, and procedures that apply in determining whether a soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. Chapter 5 contains guidance that states: a. An enlisted soldier may be separated for non-service aggravated EPTS (existed prior to service) conditions when the Soldier requests waiver of PEB evaluation. b. This chapter is applicable to enlisted Soldiers on active duty for more than 30 days. c. Separation under the authority of this chapter is not to be confused with separation under the provisions of AR 635-200 (Personnel Separations – Enlisted Personnel), chapter 5. The latter provides for involuntary separation within the first 6 months of entry onto active duty for failure to meet procurement fitness standards. If the time period exceeds 6 months or if the condition is disqualifying under AR 40-501, chapter 3, a soldier is entitled to evaluation by a PEB or may waive evaluation under this chapter. 3. AR 40-501 provides medical fitness standards for induction, enlistment, appointment, and retention and related policies and procedures. Chapter 3 states a Soldier may be rendered unfit for further military service based on miscellaneous conditions and defects, individually or in combination, if the conditions result in interference with satisfactory performance of duty as substantiated by the individual's commander or supervisor. The individual's health or well-being would be compromised if he or she were to remain in the military service. 4. AR 635-200 sets policies, standards, and procedures to ensure the readiness and- competency of the force while providing for the orderly administrative separation of soldiers for a variety of reasons. Paragraph 5-11 provides that: a. 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 will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by the 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 in the military service had it been detected at that time, and that the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3. b. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status. Entry-level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180013136 5 ABCMR Record of Proceedings (cont) AR20180013136 1