IN THE CASE OF: BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20190006642 APPLICANT REQUESTS: The applicant requests his uncharacterized service be changed to reflect an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for Review of Discharge) in lieu of a DD Form 149 (Application for Correction of Record) * Copy of Medical Records 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, in effect, he was injured while in the Army and was given an uncharacterized discharge; he never had problems prior to enlisting in the Army. 3. On 16 October 2001, at the age of 31, the applicant enlisted in the Regular Army. His record is void of a personnel qualification record (PQR) however his available records show he enlisted for military occupational skill (MOS) 19D, cavalry scout. 4. On 20 December 2001, about two months after he entered active duty, the applicant underwent a Medical Evaluation Board (MEB) which shows: * Chief Complaint: Bilateral knee and shin pain * History of present illness: He was a 32 year old who complained of bilateral knee and shin pain. He was in his third week of training and stated he was in the fitness training unit (FTU) for a few weeks before even starting training due to his inability to pass the physical fitness test. He stated his right side was worse than his left extremity. He stated he did have occasional swelling, pain with ascending and descending stairs. He also stated he was unable to run or do any prolonged walking due to the increased pain in his knees and shins. * Physical Examination: Clinical examination showed a well-developed, well- nourished male in no acute distress. He ambulated with the aid of crutches. He had positive patellofemoral compression, positive medial facet tenderness, positive medial tibial plateau tenderness. He had negative medial joint line tenderness, negative varus/valgus instability, negative Lachman's. He was diffusely tender to palpation along the bilateral tibial shaft and he was tender to palpation over the calcaneus, left greater than right. * Diagnosis: Bilateral stress fractures in the medial femoral condyles and medial tibial plateaus in the knees as well as stress reactions in the bilateral tibias and stress reactions in the calcaneus, as well as diffusely within the foot indicating overuse. * Recommendations: Due to the patient being 32 and his inability to complete training due to increased pain in his lower extremities, it is my recommendation that a Medical Board be initiated. The patient should be considered in accordance with AR 40-501, paragraph 3-41e(1). 5. On 21 December 2001, the approval authority signed and approved the board’s recommendation to refer the applicant to the physical evaluation board (PEB); on 8 January 2002 the applicant indicated he did not desire to continue on active duty under Army Regulation 635-40. 6. On 10 January 2002, he underwent a physical evaluation board (PEB) which shows the board found the applicant unfit and recommended a combined rating of 0% and that his disposition be separation with severance pay if otherwise qualified. 7. On 14 January 2002, the applicant acknowledge he was counseled on the findings and recommendations of the PEB and had received a full explanation of the results of the findings and recommendations and legal rights. He concurred and waived a formal hearing of his case. 8. On 1 February 2002, he was discharged accordingly. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his service was uncharacterized. He completed 3 months and 16 days of net active service. 9. The applicant states, in effect, he wasn’t injured until he joined the Army; he never had problems until then. His record shows he did not complete initial entry training. 10. AR 635-40, stated based upon review in Headquarters, Department of the Army of the findings and recommendations of the PEB, the military personnel center (MILPERCEN) will take final action by direction of the Secretary of the Army and direct separation for physical disability with severance pay under Title 10, U.S. Code. Enlisted members discharged by reason of physical disability will be honorably discharged and issued an Honorable Discharge Certificate, unless the character of service has been such as to warrant issuance of a General Discharge Certificate in accordance with AR 635-200. AR 635-200 (Personnel Separations – Enlisted Separations) stated an honorable characterization will be conditioned upon proper military behavior and proficient performance of duty during the member’s current enlistment of current period of service with due consideration for the member’s age, length of service, grade, and general aptitude. 11. 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. BOARD DISCUSSION: The Board unanimously agreed that, although the applicant was an entry-level Soldier at the time of separation, because he was discharged for a disability incurred during his Army training, a preponderance of the evidence support a recommendation to correct his DD Form 214 to show his service was characterized as honorable. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing his DD Form 214 to show his character of service was honorable. 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 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. AR 635-40 (Personnel Separations – Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, established policies and prescribes procedures for the physical disability evaluation of members of the Army for retention, retirement, or separation. Paragraph 5-8e stated based upon review in Headquarters, Department of the Army of the findings and recommendations of the physical evaluation board, the military personnel center will take final action by direction of the Secretary of the Army and direct separation for physical disability with severance pay under Title 10, U.S. Code. Enlisted members discharged by reason of physical disability will be honorably discharged and issued an Honorable Discharge Certificate, unless the character of service has been such as to warrant issuance of a General Discharge Certificate in accordance with AR 635-200. 3. AR 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. An honorable discharge was a separation with honor and entitled the recipient to benefits provided by law. The honorable characterization will be conditioned upon proper military behavior and proficient performance of duty during the member’s current enlistment of current period of service with due consideration for the member’s age, length of service, grade, and general aptitude. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190006642 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190006642 5 ABCMR Record of Proceedings (cont) AR20190006642 4