ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  22 August 2019

	DOCKET NUMBER:  AR20190005353


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his service is characterized as honorable or 
general under honorable conditions in lieu of “uncharacterized.”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Letter from the Delaware Commission of Veterans Affairs 

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 (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 he could not complete boot camp due to a severely pulled back 
muscle as a result of spondylolysis (inflammation of the vertebrae).  In boot camp he 
was a role model and was never in trouble.  Additionally, he states he is unable to 
receive a Certificate of Appreciation from the Delaware Commission of Veterans Affairs, 
due to his characterization of service.

3.  The applicant enlisted in the U.S. Army Reserve for 8 years and training in military 
occupational specialty 96B (Intelligence Analyst).  His Report of Medical Examination 
shows he was required to get a medical waiver for airborne training.  He was ordered to 
active duty for training and assigned to Company B, 1st Battalion, 26th Infantry for 
completion of basic training on 2 August 1991.

4.  His DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), 
dated 27 August 1991, shows:

a.	Chief complaint:  Back pain.  
     b.  History of Present Illness:  He was a 28 year old basic trainee who was unable to 
perform duties required secondary to persistent complaints of back pain.  He had no 
history of injury to his back while on active duty.  This document also shows:

     c.  Past Medical History:  Noncontributory.

     d.  Review of System:  Noncontributory.

     e.  Physical Examination:  Revealed decreased range of motion.  Motor strength is 
5/5.  There is a negative straight leg raise test bilaterally.  Neurological exam for both 
lower extremities is intact. 

     f.  X-Ray Data:  X-ray examination reveals spondylolysis with no spondylolisthesis of 
L5-S1.  This is a congenital finding.

     g.  Impression:  Spondylolysis, symptomatic.  Line of Duty:  EPTS [existed prior to 
service], not permanently service aggravated.

     h.  Recommendation:  This Soldier is unfit for enlistment according to Army 
Regulation (AR) 40-501, chapter 2, paragraph 5-11.  This Soldier is medically cleared 
for separation.

     i.  Profile and Assignment Limitations:  No crawling, stooping, running, jumping, 
marching, or standing for long periods.  No mandatory strenuous physical activity.  No 
assignment requiring handling heavy materials including weapons.  No overhead work.  
No pull-ups or sit-ups.

5.  On 30 August 1991, the applicant annotated and signed the EPSBD Proceedings 
indicating that he agreed with the findings and requested discharge without delay.

6.  The commander recommended discharge.  The separation authority approved the 
separation recommendation.

7.  On 11 September 1991, he was discharged accordingly.  The DD Form 214 he was 
issued shows he was discharged under the provisions of AR 635-200 (Enlisted 
Personnel), paragraph 5-11.  The narrative reason for separation is listed as "Did Not 
Meet Procurement Medical Fitness Standards, No Physical Disability" and his service is 
uncharacterized.  He completed 1 month and 17 days of active service.

8.  AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), 
chapter 5, provides, in pertinent part, that if a Soldier is processed for failure to meet 
procurement medical fitness standards within the first 6 months of entry on active duty 
and the condition existed prior to the term of service, then the Soldier will be discharged 
in an entry level status with uncharacterized service. 
9.  The applicant provides a letter from the Delaware Commission of Veterans Affairs, 
dated 2 May 2017, stating the commission could not honor his request for the Certificate 
of Appreciation for Delaware Veterans, due to his character of service.  He contends he 
could not complete boot camp due to severely pulled back muscle as a result of 
spondylolysis.  However, he was a role model and was never in trouble.  He is unable to 
receive the Certificate of Appreciation from the Delaware Commission of Veterans 
Affairs, due to uncharacterized service.

      a.   His EPSBD Proceedings show that an x-ray examination revealed he had 
spondylolysis with no spondylolisthesis of L5-S1, which was a congenital condition that 
existed prior to service and it was not permanently service aggravated.

      b.  Since his condition was identified within the first 6 months of active service and 
his condition existed prior to the term of service, his service is appropriately 
uncharacterized.  The characterization of service he received was in compliance with 
the governing regulation. 

10.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's 
military service.  It merely means the Soldier has not served on active duty long enough 
for his or her character of service to be rated.  In reaching its determination, the Board 
can consider the applicant’s petition and his service record in accordance with the 
published equity, injustice, or clemency guidance.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, the length 
and record of his service, the determination that his condition was EPTS, the reason for 
his separation and the character of service he was issued.  The Board did not find 
evidence of service aggravation of his condition.  Based on a preponderance of 
evidence, the Board determined that the applicant’s reason for separation and character 
of service he received upon discharge was not in error or unjust.

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 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.  AR 40-501 (Standards of Medical Fitness) governs medical fitness standards for 
enlistment, induction, appointment, retention, and separation.  Chapter 2 provides the 
physical standards for enlistment/induction.  This chapter prescribes the medical 
conditions and physical defects that are causes for rejection for appointment, 
enlistment, and induction into military service.  Unless otherwise stipulated, the 
conditions listed in this chapter are those that would be disqualifying by virtue of current 
diagnosis, or for which the candidate has a verified past medical history.  Other 
standards may be prescribed by Depart of Defense in the event of mobilization or a 
national emergency.  

3.  AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), governs 
the evaluation of physical fitness of Soldiers who may be unfit to perform their military 
duties because of physical disability.  It states according to accepted medical principles, 
certain abnormalities and residual conditions exist that, when discovered, lead to the 
conclusion they must have existed or have started before the individual entered military 
service.  Examples are manifestation of lesions or symptoms of chronic disease from 
date of entry on active military service (or so close to that date of entry that the disease 
could not have started in so short a period) will be accepted as proof that the disease 
existed prior to entrance into active military service.  

4.  AR 635-40, chapter 5, provides, in pertinent part, that if a Soldier is processed for 
failure to meet procurement medical fitness standards within the first 6 months of entry 
on active duty and the condition existed prior to the term of service, then the Soldier will 
be discharged in an entry level status with uncharacterized service. 

5.  AR 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic 
authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that 
Soldiers who are not medically qualified under procurement medical fitness standards 
when accepted for enlistment, or who became medically disqualified under these 
standards prior to entry on active duty, active duty for training, or initial entry training will 
be separated.  A medical proceeding conducted by an EPSBD, regardless of the date 
completed, must establish that a medical condition was identified by appropriate 
medical authority within six months of the Soldier's initial entrance on active duty, that 
the condition would have permanently or temporarily disqualified the Soldier for entry 
into the military service had it been detected at the time of enlistment, and the medical 
condition does not disqualify the Soldier from retention in the service under the 
provisions of AR 40-501, chapter 3.  The characterization of service for Soldiers 
separated under this provision will normally be honorable, but will be uncharacterized 
[entry level status] if the Soldier has not completed more than 180 days of creditable 
continuous active duty service prior to the initiation of separation action. 

6.  AR 635-200 also describes the different types of characterization of service. 

     a.  An uncharacterized separation is an entry-level separation.  A separation will be 
described as an entry-level separation if processing is initiated while a member is in an 
entry-level status, except when characterization under other than honorable conditions 
is authorized as the reason for separation and is warranted by the circumstances of the 
case or when 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 personal conduct and performance of duty.  For Regular Army 
Soldiers, entry-level status is defined as the first 180 days of continuous active service. 

     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. 

7.  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 (BCM/NRs) regarding equity, injustice, or clemency 
determinations.  Clemency generally refers to relief specifically granted from a criminal 
sentence.  BCM/NRs may grant clemency regardless of the type of court-martial.  
However, the guidance applies to more than clemency from a sentencing in a court-
martial; it also applies to other corrections, including changes in a discharge, which may 
be warranted based on equity or relief from injustice.  

     a.  This 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 based on equity, injustice, or clemency grounds, 
BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn 
testimony, policy changes, relative severity of misconduct, mental and behavioral health 
conditions, official governmental acknowledgement that a relevant error or injustice was 
committed, and uniformity of punishment.  

     b.  Changes to the narrative reason for discharge and/or an upgraded character of 
service granted solely on equity, injustice, or clemency grounds normally should not 
result in separation pay, retroactive promotions, and payment of past medical expenses 
or similar benefits that might have been received if the original discharge had been for 
the revised reason or had the upgraded service characterization. 


ABCMR Record of Proceedings (cont)	 AR20190005353

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