ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 14 February 2020 DOCKET NUMBER: AR20190010033 APPLICANT REQUESTS: The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 8 April 1997, by changing the characterization of her service from uncharacterized to an honorable medical discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * 3 letters * a memorandum * medical document * DA Form 4707 (Entrance Physical Standards Board Proceedings) * DA Form 873 (Certificate of Clearance and/or Security Determination) * Standard Form 88 (Report of Medical Examination) * DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States) 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, through a Member of Congress, states she did not have any health conditions prior to entering the U.S. Army and she was diagnosed while in the Army. She claims she was not dishonorably discharged and her DD Form 214 should state she was discharged for medical reasons. 3. The applicant enlisted in the Regular Army on 29 January 1997. 4. Her records contain DA Form 4707, dated 31 March 1997, which states: a. The applicant arrived at. As the weather warmed and the trees began to pollenate, the applicant began with air hunger and wheezing. She was admitted to a local hospital for treatment of bronchospasm secondary to seasonal allergies. b. There was a strong history of allergies and bronchospasm. Her family had to leave and move back to secondary to allergies and apparent allergic asthma. c. Her physical examination revealed that she was within normal limits; however, her lungs occasionally end expiratory wheezed. Labored breathing after exposure to warm air full of early spring tree pollen. Increased lacrimation and sneezing. d. Her pulmonary function tests on March, showed mild obstructive and restrictive lung disease. 5. The applicant was diagnosed with seasonal allergies with allergic bronchospasm. Therefore, she was unfit for duty in accordance with chapter 2, paragraph 2-23d, Army Regulation 40-501 (Standards of Medical Fitness). 6. The applicant received a recommendation that she be discharged in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, for a condition noted within the first 180 days of active duty or initial active duty training that existed prior to service and is not service aggravated. 7. On 1 April 1997, the applicant concurred with the proceedings and requested to be discharged without delay. 8. The applicant was discharged on 8 April 1997, in accordance with Army Regulation 635-200, paragraph 5-11, for failing to meet procurement medical fitness standards. She completed 2 months and 10 days of net active service and she received an uncharacterized characterization of service. 9. The applicant provides a letter from her pediatrician, dated 7 October 2002, who states she was never treated for asthma by him from January 1984 to November 1999. 10. Paragraph 5-11, Army Regulation 635-200, 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. A 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. 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. Entry-level status is defined as the first 180 days of continuous active service for Regular Army Soldiers. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined relief was not warranted. Based upon the applicant being found to be unfit for duty based upon a pre-existing medical condition within the first 180 days of military service, the Board concluded that the characterization of service received at the time of discharge was appropriate. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request. 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. 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 40-501 (Standards of Medical Fitness), governs medical fitness standards for enlistment, induction, appointment, retention, and separation. Chapter 2 provides for the physical standards for enlistment or induction. 3. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Paragraph 3-9 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) an under other than honorable conditions characterization was authorized by 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. b. Entry-level status is defined as the first 180 days of continuous active service for Regular Army Soldiers. c. 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. A 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190010033 3 1