IN THE CASE OF: BOARD DATE: 16 June 2020 DOCKET NUMBER: AR20180013273 APPLICANT REQUESTS: * in effect, correction of his DD Form 214 (Certification of Release or Discharge from Active Duty) to show the characterization of his service as honorable * a personal appearance hearing before the Board 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) * DD Form 214 REFERENCES: 1. Title 10, U.S. 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 40-501 (Standards of Medical Fitness), in effect at the time, provided medical fitness standards for enlistment, induction, appointment (including officer procurement programs), retention, and separation (including retirement). a. Chapter 2 (Physical Standards for Enlistment, Appointment, and Induction) prescribed the medical conditions and physical defects which are causes for rejection for military service. b. Chapter 3 (Medical Fitness Standards for Retention and Separation, including Retirement) gave the various medical conditions and physical defects which may render a Soldier unfit for further military service. 4. Army Regulation 635-200 (Personnel Separation – Enlisted Personnel), in effect at the time, set policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Paragraph 3-9 (Uncharacterized Separations) stated a separation will be described as entry level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status. b. Paragraph 5-11 (Separation of Personnel Who Did Not Meet Procurement Medical Fitness Standards) stated Soldiers who were not medically qualified under procurement medical fitness standard when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty will be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the Soldier's initial entrance on active duty. c. The glossary defined 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. 5. Title 38, U.S. Code, section 1131 (Peacetime Disability Compensation – Basic Entitlement) states for disability resulting from personal injury suffered or disease contracted in the line of duty, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty, in the active military, naval, or air service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol or drugs. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. 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: a. He feels his uncharacterized discharge is unjust because he was discharged for a medical condition that was totally unknown to him at the time. b. He feels the U.S. Army took deceptive steps to prematurely discharge him once the condition was discovered to avoid liability and to totally block any future efforts for him to seek service-connected disability status through the Department of Veterans Affairs. c. If his condition was pre-existing, then the stresses of basic training clearly aggravated the condition he was totally unaware of at the time of his entry on active duty. d. As he has gotten older, his medical health issues have become more impactful. He strongly believes correcting his service characterization will allow him to seek treatment through the Department of Veterans Affairs healthcare system. 3. His Standard Form 88 (Report of Medical Examination), dated 2 January 2001, shows he was qualified for enlistment in the Army. 4. He enlisted in the Regular Army on 16 January 2001. 5. His military service records do not contain the facts and circumstances surrounding his discharge. 6. He was discharged on 8 February 2001. His DD Form 214 shows in: * item 12c (Net Active Service This Period) – 23 days * item 24 (Character of Service) – Uncharacterized * item 25 (Separation Authority) – Army Regulation 635-200, paragraph 5-11 * item 28 (Narrative Reason for Separation) – Failure to Meet Procurement Medical Fitness Standards BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 2. The applicant was separated 23 days after he entered active duty. In accordance Army Regulation 635-200 (Personnel Separation – Enlisted Personnel), Soldiers separated within the first 180 days of his military service are assigned an uncharacterized characterization of service. An uncharacterized discharge is not a negative reflection of a Soldier's military service. It merely means the Soldier did not serve on active duty long enough for his or her service to be characterized. 3. While his entry medical examination did not detect any medically disqualification under procurement medical fitness standards, it appears that in practice, the applicant was not able to perform to medical fitness standards. The Board found no error or injustice in the applicant’s uncharacterized discharge. 4. The applicant's request for a personal appearance hearing was carefully considered. The Board did not find that a personal appearance hearing is necessary to serve the interest of equity and justice in this case. 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): An uncharacterized discharge is not intended to be a negative reflection of a Soldier's military service. It merely means the Soldier did not serve on active duty long enough for his or her service to be characterized. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180013273 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1