ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 October 2019 DOCKET NUMBER: AR20190003464 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 16 August 2002, to show his service was characterized as under honorable conditions (general). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 19 June 2019 * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 19 June 2019 * Congressional Liaison, Letter with Privacy Act Consent Form, dated 25 March 2019 * DD Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 17 July 2002 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 was cheated out of his service to the country, and he was left by the wayside for 14 years with broken promises and an illegal discharge. He received an uncharacterized discharge but was medically discharged. When he returned home, his father took him to see two doctors who said the reason for discharge was an error, because the condition never existed. 3. The applicant enlisted in the U.S. Army Reserve (USAR) on 23 July 2001. He entered active duty on 9 July 2002 for the purpose of completing his initial entry training. 4. A DA Form 4707, dated 17 July 2002, shows the applicant was found medically unfit for enlistment due to a condition that existed prior to service (EPTS). The physician who completed the form noted the applicant admitted to a history of chronic right shoulder pain and spontaneous subluxation/reduction of the right shoulder for more than 5 years. The physician determined the EPTS condition was not aggravated by service. The evaluating physician determined he was medically cleared for separation and recommended he be separated from service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11 (Separation of personnel who did not meet procurement medical fitness standards). 5. The applicant's record is void of a separation packet containing the specific facts and circumstances surrounding his discharge processing. However, the DD Form 214 he was issued shows he was discharged on 16 August 2002 under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of failure to meet procurement medical fitness standards. He was credited with completing one month and eight days of net active service and was not awarded a military occupational specialty. His service was uncharacterized. 6. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. In accordance with the governing regulation, the service of Soldiers discharged while in an entry-level status will be uncharacterized. 7. The applicant petitioned the Army Discharge Review Board (ADRB) for an upgrade of his discharge. The ADRB considered his petition and denied his request on 20 May 2017. 8. The applicant provides a congressional liaison letter, requesting the status of his case, with a privacy consent form and a DD Form 4707, dated 17 July 2002, showing he was recommended for separation for an EPTS condition. BOARD DISCUSSION: The Board carefully considered the applicant's request, supporting documents, and the evidence in the records, which included the DoD guidance on liberal consideration when reviewing discharge upgrade requests. The Board agreed that the evidence clearly shows the applicant had an EPTS shoulder condition that prevented him from completing training. Because he was discharged in an entry-level status, his service was properly uncharacterized as required by the governing regulation. The Board found no evidence of error, inequity, or injustice in the determination that his service would be uncharacterized. 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. 12/20/2019 X CHAIRPERSON 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 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. Paragraph 5-11 provided that 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 would be separated. Medical proceeding, regardless of the date completed, must establish that a medical condition was identified by 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 into military service had it been detected at that time, and the medical condition did not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501(Standards of Medical Fitness). e. 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//