BOARD DATE: 30 April 2020 DOCKET NUMBER: AR20180014895 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service was characterized as honorable. 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 8 October 2018 * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 23 April 1997 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 effect, he would like his discharge upgraded to an honorable discharge. His discharge was a result of an injury sustained to his right knee during a training exercise. He desired to continue service but due to his injury, he was not allowed to do so. He would like to have his service record reflect an honorable discharge and to apply for a military identification card. 3. The applicant enlisted in the Regular Army on 16 January 1997. 4. The applicant was formally counseled on four separate occasions between 25 January 1997 and 3 April 1997, for reasons including but not limited to: * performance counseling, failed Army Physical Readiness Test * failure of the Army Physical Fitness Test * lack of motivation in the Fitness Training Battalion * notification of possible separation action 5. The enclosed Department of the Army (DA) Form 4187, dated 26 March 1997, assigned the applicant to the 95th Adjutant General (AG) Fitness Training Battalion (FTB) for the period 31 March 1997 to 20 April 1997; however, he was returned to his unit on 3 April 1997 as a motivational and medical drop. 6. The applicant has two DD Forms 689 (Individual Sick Slip), dated 2 April 1997 for injury to right knee and 3 April 1997 for follow up for physical therapy. The applicant was ultimately put on a no running or jumping profile for 14 days, to return on 17 April 1997 for physical therapy. 7. The applicant's commander on 11 April 1997 recommended the applicant for separation from service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 11, for entry level performance and conduct. The applicant was further advised that his service would be uncharacterized. 8. The applicant acknowledged receipt of the separation notification memorandum on 11 April 1997. He waived his right to consult with counsel and elected not to make any statements in his own behalf. 9. The separation authority reviewed the proposed separation action on 18 April 1997 and approved an entry-level separation with uncharacterized service in accordance with Army Regulation 635-200, Chapter 11. 10. The applicant was discharged on 23 April 1997, under the provisions of Army Regulation 635-200, Chapter 11, by reason of entry level performance and conduct. The DD Form 214 he was issued shows he completed three months and eight days of net active service and was not awarded a military occupational specialty. 11. The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents submitted by the applicant. Based on the time of the applicant’s service there are no records available in iPERMS, the Armed Forces Health Longitudinal Technology Application (AHLTA), or the Health Artifacts Image Management Solutions (HAIMS). Limited documentation is available in the VA's Joint Legacy Viewer (JLV), but do not impact the opinion of the Agency Medical Advisor in this case. The following findings and recommendations are presented: The applicant is requesting his characterization of discharge be changed from uncharacterized to honorable due to an injury he asserts he sustained to his right knee while in initial entry training. The applicant enlisted in the Army on 16 January 1997. Based on the available records the applicant had been counseled in writing on four occasions between 25 January 1997 and 3 April 1997 due to failing the Army Physical Fitness Test (APFT) on at least 2 instances, demonstrating a lack of motivation while assigned to remedial fitness training, and notification that he may be separated based on his lack of improvement in his physical fitness. The applicant was placed in the Fitness Training Battalion on 31 March 1997 while attending basic combat training. However, he was returned to his original unit on 3 April 1997 with the recommendation to be dropped from training for medical and motivational reasons. The records do contain a sick call slip dated 2 April 1997 for evaluation of a right knee injury. There is no mention in the available records as to how the injury occurred or any specific exam findings. He was placed in Physical Therapy, and given a temporary profile for no running or jumping. On 11 April 1997 the applicant’s Commander recommended the applicant be separated from the Army IAW AR 635-200, Chapter 11. The applicant was separated on 23 April 1997IAW AR 635- 200, Chapter 11. The applicant did not complete initial entry training, and was in the Army less than 180 days. Therefore, it is the opinion of the Agency Medical Advisor, based on the available information, that there is no medical reason to change the characterization of the applicant’s service. 12. 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 his separation. As a result, his service was appropriately described as "uncharacterized" in accordance with governing regulations. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions, his military service, and regulatory guidance were carefully considered. In addition, the Board considered his medical records, the review and conclusions of the advising official, and published DoD guidance for liberal consideration of discharge upgrade request. However, the Board concurred with the medical advisory opinion finding insufficient evidence of in- service mitigating factors for an upgrade. 2. 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. As such, his DD Form 214 properly shows his service as uncharacterized. 3. 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. 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. 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 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 635-200, in effect at the time, set forth the 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. This regulation provided that: a. A separation would be described as entry level with uncharacterized service if the Soldier had less than 180 days of continuous active duty service at the time separation action was initiated. b. 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. Chapter 11 provided for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status. When separation of a Soldier in an entry-level status was warranted because of unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, he or she would normally be separated per this chapter. Service would be uncharacterized for entry-level separation under the provisions of this chapter //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180014895 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20180014895 5 ABCMR Record of Proceedings (cont) AR20180014895 4