ARMY BOARD FOR CORRECTION OF MILITARY RECORDS Record of Proceedings IN THE CASE OF: BOARD DATE: 7 October 2019 DOCKET NUMBER: AR20190008627 APPLICANT REQUESTS: The applicant requests that his uncharacterized discharge be changed to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the United States) in lieu of DD Form 149 (Application for Correction of Military Record) * Pages 2 and 3 of the Applicant’s DD Form 4, (Enlistment/Reenlistment Document Armed Forces of the United States) * One page of the Applicant’s Entrance Medical Examination * Admitting Information Document * DA Form 3349 (Physical Profile), dated 9 August 1990 * Department Veterans Affairs (VA) Request for Physical Examination, dated 5 October 1990 * VA Rating Decision, dated 8 February 1991 * VA Request for Information Needed to Locate Medical Records, 21 March 2013 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 fit when he entered the Army. He had a bad fall on his knee and he was given an uncharacterized discharge due to the fact that he was injured while he was in advanced individual training (AIT). He was not in service long enough. He had a total knee replacement through the VA and he was rated at 40% (percent) disability for this service connected injury. 3. On 3 July 1990, at the age of 18 years old, the applicant enlisted in the Regular Army for a term of 4 years. 4. His record is void of the Entrance Physical Standards Board (EPSBD) proceedings. His record contains: a. A DA Form 2-1 (Personnel Qualification Record – Part II), which shows on 31 August 1990, he was discharged with an uncharacterized discharge. b. A DD Form 214 (Certificate of Release or Discharge from Active Duty), which shows on 31 August 1990, he was discharged with an uncharacterized discharge under Army Regulation (AR) 635-200 (Personnel Separation – Enlisted Personnel), paragraph 5-11, separation of personnel who did not meet procurement medical fitness standards. He completed 1 month and 28 days of net active service period, and he was awarded or authorized a 9mm Pistol Sharpshooter Marksmanship Qualification Badge. 5. In addition to the aforementioned the applicant also provides: a. Pages 2 and 3 of his DD Form 4, shows various enlistment information pertaining to the applicant. b.. One page of his entrance medical examination shows he was diagnosed with an irregular heartbeat and he qualified for enlistment. c. Admitting Information Document shows on 4 August 1990, the applicant was admitted to a medical facility for an injury he suffered while running on an obstacle course at the Fort Knox, KY, training area. d. DA Form 3349, dated 9 August 1990, shows he had a medical condition of a left knee sprain and he was given a temporary profile with the limits of running at his own pace, with a 23 August 1990 expiration date. e. VA Request for Physical Examination, dated 5 October 1990, shows the applicant was scheduled for a VA examination on 31 October 1990 but he was determined to be a no show for the examination. f. VA Rating Decision, dated 8 February 1991, shows the applicant initiated a claim with the VA for disability because of an injury to his left knee. It stated the applicant was denied for left knee ligamentous strain as nature of injure is such that it would be expected to resolve without residuals. Since he failed to report for VA examination to determine if residuals were actually incurred in service, it must be presented that there were no residuals at the time and that the initial injury was resolved; left knee ligamentous strain (resolved) h. VA Request for Information Needed to Locate Medical Records, 21 March 2013, shows the applicant requested his medical records from the National Personnel Records Center. 6. VA records show that the applicant reported he fell 30 feet during a rope exercise while in AIT and injured his right knee. He was on bed rest and then light duty before returning to full duty. He had a flare up requiring drainage. The Army determined he would have ongoing issues and require surgery rendering him unfit at that point. Mr. Greenwood reported he did have ongoing knee issues with surgery in 1997 and 2017. In 2018, he went to behavioral health reporting depression and suicidal ideation since the 2017 surgery. Notwithstanding the aforementioned VA Rating Decision, the applicant is 60% (percent) service connected: 30% knee prosthesis, 30% mood disorder, and 10% tinnitus (information received by medical via email). 7. The applicant states he was fit when he entered the Army. He had a bad fall on his knee and he was given an uncharacterized discharge due to the fact that he was injured while he was in AIT. He had a total knee replacement through the VA. He is rated at 40% (percent) disability for this service connected injury. His records show he was discharged under AR 635-200, paragraph 5-11 with an uncharacterized discharge. He served 1 month and 28 days of his 4 years contractual obligation. His record is void of EPSBD proceedings. VA records show he is 60% service connected, of which 30% is for knee prosthesis. 8. AR 635-200, 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. Medical proceedings, 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. 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. Paragraph 5-3 states the separation of enlisted personnel is the prerogative of the Secretary of the Army and will be effected only by his authority. The discharge or release of any enlisted member of the Army for the convenience of the Government will be at the Secretary’s discretion and with the type of discharge as determined by him. 9. In reaching its determination, the Board can consider the applicant's petition and his service record in light of the published DOD guidance on equity, injustice, or clemency. 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 considered the applicant’s statement, his record and length of service, the reason for his separation, the absence of medical proceedings, his VA records and disability rating. The Board considered the evidence showing: him fit for duty while noting an irregular heartbeat upon entering the DEP; his knee injury as a sprain and expected to resolve without residuals and; the reason for his separation – “Did not meet procurement medical fitness standards. The Board found insufficient evidence to determine that the applicant’s reason for separation and character of service was in error or unjust. The Board concurs with the correction stated in the Administrative Note(s) below. 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: With the exception of the correction stated in the Administrative Note(s) that follow, 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): A review of the applicant's record shows his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 31 August 1990, is missing an important entry that may affect his eligibility for post-service benefits. As a result, amend the DD Form 214 by adding the following entry to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): National Defense Service Medal. 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 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for separation of enlisted personnel. a. 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 the characterization of under other than honorable conditions is authorized or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. For Regular Army soldiers, entry level status is the first 180 days of continuous active duty (AD), or the first 180 days of continuous AD following a break of more than 92 days of active military 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. c. Paragraph 5-11, separation of personnel who did not meet procurement medical fitness standards, 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. Medical proceedings, 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 (Medical Services – Standards of Medical Fitness), chapter 3, medical fitness standards for retention and separation including retirement. 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. d. Paragraph 5-3 (Secretarial Authority) states, in pertinent part, that the separation of enlisted personnel is the prerogative of the Secretary of the Army and will be effected only by his authority. Except as delegated by these regulations or by special Department of the Army directives, the discharge or release of any enlisted member of the Army for the convenience of the Government will be at the Secretary’s discretion and with the type of discharge as determined by him. Such authority may be given either in an individual case or by an order applicable to all cases specified in such orders. 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. a. The guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. b. 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. //NOTHING FOLLOWS//