IN THE CASE OF: BOARD DATE: 21 April 2020 DOCKET NUMBER: AR20180016874 APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 22 September 1995, to show she was honorably discharged. Additionally, she would like a personal 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), dated 13 September 2018 * DD Form 214, for the period ending 22 September 1995 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 her disability did not exist prior to entering on active duty. Her physical condition was due to accidentally being trampled by her squad during a training exercise, and was no fault of her own. 3. The applicant enlisted in the U.S. Army Reserve (USAR) on 16 December 1994. She entered active duty on 22 August 1995, for the purpose of completing active duty for training (ADT). 4. The applicant was placed on a physical profile for back pain on 5 September 1995. 5. A Recruiting Service (RCS) Form 325 (USAR and National Guard Liaison Counseling Form), dated 7 September 1995, indicates the applicant was counseled concerning her discharge. It noted that her military entrance processing station (MEPS) physical indicated that her back was within normal limits. The applicant stated she did not have back pain prior to enlistment. 6. The applicant was referred to a Trainee Medical Retention Board on 11 September 1995, wherein she was formally counseled on the options available to her. She elected to request separation. The applicant's immediate commander recommended she be separated from service. 7. In a self-authored statement, dated 12 September 1995, the applicant stated she was unable to perform her military duties and wanted to take care of her back. 8. The separation authority approved the recommended discharge on 15 September 1995, under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), Chapter 5, based on her recurrent back pain. 9. Orders 263-1315, issued by Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, SC on 20 September 1995, discharged the applicant from the USAR on 22 September 1995, with an uncharacterized discharge. 10. The applicant was discharged on 22 September 1995. 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. 11. 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. 12. 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: On her 13 September 2018 application for correction of records, the applicant stated that her back condition did not exist prior to service and that her physical condition was the result of accidentally being trampled during training exercises. There are no in-service treatment notes for review in AHLTA nor HAIMS. JLV search does not show service connection for any disabilities. There were no AHLTA, HAIMS nor JLV records for review. The US Army Reserve and National Guard Liaison Counseling Form in section Part II, shows recommendation concurs with discharge due to EPTS (Existed Prior to Service) condition. The applicant’s 12 September 1995 statement says she cannot perform her duties due to back pain. She also feared that remaining in the military would worsen her condition. On 13 Sep 1995, Trainee Medical Retention Board document shows the applicant elected to request separation and the Board determined the medical condition does not support retention and recommended separation. The applicant was discharged during the first 30 days. A review of the available documentation did not find sufficient medical evidence to support a change or reason for the discharge in this case. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions, her military service, the medical advisory, and regulatory guidance were carefully considered. 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, her DD Form 214 properly shows her 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. The Board noted the applicant was discharged during the first 30 days. 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. 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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that 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. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. 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 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. 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. 4. 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) AR20180016874 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20180016874 5 ABCMR Record of Proceedings (cont) AR20180016874 4