IN THE CASE OF: BOARD DATE: 17 January 2020 DOCKET NUMBER: AR20190010294 APPLICANT REQUESTS: Her uncharacterized discharge be changed to an honorable discharge or a medical separation. 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 20 March 2019 * DD Form 2808 (Report of Medical Examination), dated 7 July 2001 * Orders 284-1330, issued by Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, South Carolina on 11 October 2001 * DD Form 2648 (Preparation Counseling Checklist), dated 17 October 2001 * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 17 October 2001 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 she was discharged due to exercise induced asthma. She had never been diagnosed with asthma or bronchial issues prior to her enlistment into the U.S. Army. She was a well-respected private who exceeded Army standards in all of her training including her push-up and sit-up Army Physical Fitness Test events. Unfortunately, she was unable to complete her 2 mile run event due to bronchial issues and asthma. She lost hearing in her left ear and was not medically out-processed nor was she briefed on Department of Veteran Affairs (VA) benefits prior to her discharge. It has recently been brought to her attention that she may be entitled to VA benefits. 3. The applicant underwent a medical examination on 6 July 2001 to determine if she was qualified for enlistment in the Army. Her DD Form 2808 shows she was determined to be qualified for enlistment in the Army. 4. The applicant enlisted in the Regular Army on 7 August 2001. 5. The facts and circumstances surrounding the applicant's discharge are not available for review; however, Orders 284-1330, issued by Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, South Carolina on 11 October 2001, show the applicant was reassigned to the U.S. Army transition point for transition processing, and after processing, discharge from the Army effective 16 October 2001. 6. The applicant's official record contains a DD Form 2648, dated 17 October 2001, which states "Member is a training separatee with an uncharacterized discharge. Member has been provided information and/or points of contact dealing with the benefits and service not marked as N/A on this form." 7. The applicant was discharged on 17 October 2001, under the provisions of Army Regulation 635-200, (Personnel Separations – Enlisted Personnel), Chapter 11, for entry level performance and conduct. Her DD Form 214 shows she completed two months and 11 days of net active service this period and her service was uncharacterized. 8. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. The evidence of record shows the applicant was still in an entry-level status at the time of her separation. In accordance with the governing regulation, entry-level Soldiers discharged for entry-level performance and conduct will have their character of service recorded as "uncharacterized." 9. The Board should consider the applicant's statement and provided evidence in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: The Board noted that the applicant was an entry-level Soldier discharged for entry-level performance and conduct, and that the governing regulation required that the service of Soldiers separated in this status be shown as uncharacterized. The Board found insufficient evidence of any mitigating factors that would support a recommendation for relief in this case. By a preponderance of the evidence, the Board determined there is neither an error nor an injustice in the entry on the applicant's DD Form 214 showing her service was 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. 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, U.S. Code, 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. Paragraph 3-7a states 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. b. Paragraph 3-7b states that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Chapter 11 of this regulation, in effect at the time, provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry level status. (1) This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self-discipline for military service, or they had demonstrated characteristics not compatible with satisfactory continued service. The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. The regulation required an uncharacterized description of service for separation under this chapter. (2) Separation under Chapter 11 applied to Soldiers who were in an entry level status and, before the date of the initiation of separation action, completed no more than 180 days of continuous active duty and demonstrated that they could not or would not adapt socially or emotionally to military life. 3. The Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records on 25 July 2018, regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. Boards for Correction of Military/Naval Records 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 a discharge, which may be warranted on equity or relief from injustice grounds. 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 on the basis of equity, injustice, or clemency grounds, Boards 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190010294 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190010294 5 ABCMR Record of Proceedings (cont) AR20190010294 3