ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  31 May 2019 

	DOCKET NUMBER:  AR20190001964


APPLICANT REQUESTS:  The applicant requests his uncharacterized discharge be 
changed to a general under honorable conditions discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Applicant’s Medical Documents:

*	Record of Immunizations
*	Report of Medical History, dated 16 February 1993
*	Report of Medical Examination, dated 16 February 1993
*	Medical 200 Board, Medical Record Report, dated 3 June 1993
*	Ireland Army Community Hospital, Record of Inpatient Treatment, dated 29 
June 1993

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 he was injured in training, fallen arches, and now he cannot 
receive assistance from the Department of Veterans Affairs (VA) with an 
uncharacterized discharge.  His service was honorable with no discipline issues.

3.  On 16 February1993, the applicant enlisted in the Georgia Army National Guard for 
a term of 8 years.  On 18 February 1993, he was ordered to initial active duty for 
training (IADT) and entered AD on 15 March 1993.  On 16 March 1993, he reported to 
one station unit training (OSUT) at Fort Knox, KY.

4.  An entrance physical standards board (EPSBD) proceedings, dated 3 June 1993, 
found:

   a.  The applicant, in his fifth week of training, complained of bilateral foot pain, worse 
with military related activities, i.e., physical training, running, road marches, load 
bearing, etc., since 16 March 1993.  The physical examination revealed that the 
applicant had a decrease in the medial longitudinal arch height bilaterally, a bulge along 
the medial aspect of the TN (trigeminal neuralgia) joint bilaterally, and excessive 
calcaneovalgus with weight-bearing bilaterally.  The x-rays revealed an enlarged 
navicular tuberosities bilaterally with a diagnosis of flexible pes planus, bilateral.  
   
   b.  The board recommended, in accordance with Army Regulation (AR) 40-501 
(Medical Services – Standards of Medical Fitness), Chapter 2-10b(2), that the applicant 
be found unfit for military service.  A waiver was not recommended due to the static and 
possible progressive nature of his disorder.  The applicant was not recommended for 
consideration for retention.  On 4 June 1993, the medical approving authority approved 
the findings.  
   
   c.  The applicant concurred with the proceedings and requested to be discharged 
from the U.S. Army without delay.  The intermediate commander recommended 
discharge and on 17 June 1993, the appropriate commander approved separation 
under the provisions of AR 635-200 (Personnel Separations-Enlisted Personnel), 
paragraph 5-11, failure to meet procurement medical fitness standards.

5.  On 22 June 1993, the applicant was released from active duty and discharged as a 
Reserve of the Army.  He was transferred to the Georgia Army National Guard.  His 
service was characterized as uncharacterized.  He completed 3 months and 8 days 
(100 days) of net active service this period.  His DD Form 214 (Certificate of Release or 
Discharge from Active Duty) shows:

*	Primary Specialty:  "None"
*	He was awarded or authorized the National Defense Service Medal

6.  His NGB Form 22 (National Guard Bureau – Report of Separation and Record of 
Service) shows he completed 4 months and 7 days of net service this period.

7.  The applicant provides excerpts of his medical records:

   a.	The Health Record, Immunization Record, shows immunizations for the oral 
poliovirus, influenza, other immunizations, sensitivity tests (tuberculin, etc.), smallpox, 
yellow fever, typhoid, tetanus-diphtheria toxoids, and cholera.

   b.	Report of Medical History, dated 16 February 1993, shows the applicant 
answered “yes” to having an illness or injury other than those already noted and to 
consulting or being treated by clinics, physicians, healers, or other practitioners within 
the past five years for other than minor illnesses.  He indicated he was seen on 
9 February 1993, for a broken finger at the Floyd Medical Center, Rome, GA.

   c.	Report of Medical Examination, dated 16 February 1993, shows his physical 
profile as physical capacity/stamina, upper body, lower body, hearing, eyes, and 
stability/psychiatric (PULHES) as 111111.

   d.	Medical 200 Board, Medical Record Report, dated 2 June 1993, shows a brief 
summary of history of present illness, past medical history, physical examination results, 
diagnosis, and recommendations by the medical 200 board.

   e.  Ireland Army Community Hospital Record of Inpatient Treatment, dated 29 June 
1993, shows the applicant was admitted on 22 June 1993.  He was diagnosed with flat 
foot –– flexible Pes Planus, Bilateral (Existed Prior to Service (EPTS)).

8.  The applicant states he was injured in training, fallen arches, and now he cannot 
receive assistance from the VA with an uncharacterized discharge.  His service was 
honorable with no discipline issues.  The record shows the applicant, while in OSUT, 
complained of foot pain and an EPSBD found he was unfit for military service and 
recommended separation.  The applicant completed 4 months of his 96 months 
contractual obligation.  In regards to VA assistance, the ABCMR does not grant 
requests for upgrade of discharges solely for the purpose of making the applicant 
eligible for veterans' benefits.

9.  AR 635-200, paragraph 5-11 provided Soldiers who were not medically accepted for 
enlistment, or who became medically disqualified under these standards prior to entry 
on AD or ADT for initial entry training, will be separated.  Only the honorable 
characterization may be awarded a Soldier upon completion of his/her period of 
enlistment or period for which called or ordered to AD or ADT or where required under 
specific reasons for separation, unless an entry-level status separation 
(uncharacterized) is warranted.  Entry-level status for ARNG Soldiers, begins upon 
enlistment in the ARNG and terminates for Soldiers ordered to IADT for one continuous 
period ––180 days after beginning training.  A Soldier separated under this section will 
be awarded a character of service of honorable, under honorable conditions, or 
uncharacterized if in entry level status.  A separation will be described as entry-level 
with service uncharacterized if processing is initiated while a Soldier is in entry level 
status, except under certain circumstances.

10.  In reaching its determination, the Board can consider the applicant’s petition and 
service record in accordance with the published equity, injustice, or clemency 
determination guidance.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and published DoD guidance for consideration of discharge 
upgrade requests.  The Board discussed the applicant’s conditions, his statement and 
the conclusions of the EPSBD.  The Board further noted that he was not awarded an 
MOS, and determined there was no error or injustice that warranted correction of the 
applicant’s record.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
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.  Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel), in 
effect at the time, set forth the basic authority for the separation of enlisted personnel.  

   a.  Paragraph 3-7a provided an honorable discharge is a separation with honor.  The 
honorable characterization is appropriate when the quality of the Soldier’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.  Only the honorable characterization may be awarded a Soldier 
upon completion of his/her period of enlistment or period for which called or ordered to 
AD (active duty) or ADT (active duty for training) or where required under specific 
reasons for separation, unless an entry-level status separation (uncharacterized) is 
warranted.  
   
   b.  Paragraph 3-7b provided a general discharge us a separation from the Army 
under honorable conditions.  When authorized, it is issued to a soldier whose military 
record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
   
   c.  Paragraph 3-9 provided a separation will be described as entry-level with service 
uncharacterized if processing is initiated while a Soldier is in entry level status, except in 
the following circumstances:

      (1)  When characterization under other than honorable conditions is authorized 
under the reason for separation and is warranted by the circumstances of the case.
      
      (2)  The Secretary of the Army, on a case–by–case basis, determines that 
characterization of service as honorable is clearly warranted by the presence of 
unusual circumstances involving persona conduct and performance of duty. This 
characterization is authorized when the soldier is separated by reason of selected 
changes in service obligation, convenience of the Government and Secretarial plenary 
authority.

   d.  Glossary defines entry-level status for ARNG Soldiers, begins upon enlistment in 
the ARNG.  It terminates for:

*	Soldiers ordered to IADT for one continuous period ––180 days after beginning 
training
*	Soldiers ordered to IADT for the split or alternate training option –– 90 days after 
beginning Phase II, advanced individual training (AIT) (Soldiers completing 
Phase I (basic training and basic combat training) remain in entry level status 
until 90 days after beginning Phase II)

   e.  Paragraph 5-11 (separation of personnel who did not meet procurement medical 
fitness standards) provided: 

      (1)	 Soldiers who were not medically accepted for enlistment, or who became 
medically disqualified under these standards prior to entry on AD or ADT for initial entry 
training, will be separated.  Medical proceedings, regardless of the date completed, 
must establish that a medical condition was identified by appropriate military medical 
authority within six months of the soldier’s initial entrance on AD for RA, or during ADT 
for initial entry training for Army National Guard of the United States (ARNGUS) and 
U.S. Army Reserve (USAR), which—(a) Would have permanently or temporarily 
disqualified him or her for entry into the military service or entry on AD or ADT for initial 
entry training had it been detected at that time.  (b) Does not disqualify him or her for 
retention in the military service under the provisions of AR 40–501, chapter 3.  

      (2)	 As an exception, a Soldier who is found after entry on active duty not to have 
been qualified under procurement medical fitness standards at the time of enlistment 
may request to be retained in the Service with the exception of existed prior to service 
(EPTS) pregnancies.

      (3)  A Soldier separated under this section will be awarded a character of service 
of honorable, under honorable conditions, or uncharacterized if in entry level status.

3.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Military Discharge Review Boards and Boards for Correction of 
Military/Naval Records regarding equity, injustice or clemency determinations. 
Clemency generally refers to relief specifically granted from a criminal sentence and 
BCMRs may grant clemency regardless of the court-martial forum. However, the 
guidance applies to more than clemency from a sentencing in a court-martial; it also 
applies to any other corrections, including changes in discharge, which may be 
warranted on equity or relief from injustice grounds. The guidance does not mandate 
relief, but rather provides standards and principles to guide Boards in application of 
their equitable relief authority. In determining whether to grant relief on the basis of 
equity, an injustice, or clemency grounds, BCMRs shall consider the twelve stated 
principles in the guidance as well as eighteen individual factors related to the applicant.

ABCMR Record of Proceedings (cont)	 AR20190001964

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