ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 September 2019 DOCKET NUMBER: AR20190011109 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 149 (Application for Correction of Military Record) * Department of Veterans Affairs (VA) Card of Honorable Service in the Uniformed Service of the U.S. * VA Letter, dated 12 February 2019 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120001659 on 17 July 2012. 2. The applicant states all of his Department of Veteran Affairs documents state he was discharged under honorable conditions but his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not. 3. On 8 November 2008, the applicant enlisted in the Regular Army for a term of 3 years and 17 weeks. 4. On 24 August 1994, the applicant completed a Standard Form (SF) Form 93 (Report of Medical History) indicating that he had an operation. The physician stated that the applicant had umbilical hernia repair but never had asthma. On the same date he underwent a physical examination which showed he was qualified for enlistment. 5. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 19 January 1995, shows: a. The board found that the applicant was evaluated and found to have shortness of breath and trouble breathing since the beginning of basic combat training (BCT); he had a history of asthma at 8 or 9 years old but he had no issues with asthma until BCT; and he was unable to train because of this issue. He was diagnosed with asthma and found not to have met medical fitness standards for enlistment under the provisions of Army Regulation (AR) 40-501 (Medical Services – Standards of Medical Fitness), Chapter 2, physical standards for enlistment, appointment, and induction. The board found that he did meet retention standards per Chapter 3 (medical fitness standards for retention and separation including retirement); it existed prior to service; and was not aggravated by service. b. The board recommended he be separated from the military service under AR 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, separation of personnel who did not meet procurement medical fitness standards. The applicant concurred with the proceedings and requested to be discharged from the U.S Army without delay. The immediate commander recommended discharge and the separation authority directed that the applicant be discharged. 6. On 6 February 1995, the applicant was discharged accordingly. He was discharged under the provisions of AR 635-200, paragraph 5-11, with uncharacterized service. He completed 2 months and 29 days of net active service this period. His DD Form 214 shows in item 11 (Primary Specialty): None. 7. On 17 July 2012, the ABCMR denied the applicant’s petition to upgrade his uncharacterized discharge to an honorable discharge, determining that the evidence presented did not demonstrate the existence of a probable error or injustice. 8. The applicant provides: a. DD Form 149 (discussed above). b. Department of Veterans Affairs (VA) Card of Honorable Service in the Uniformed Service of the U.S., which states "This card is to serve as proof the individual listed below served honorably in the Uniformed Services of the United States" and "This card does not reflect entitlement to any benefits administered by the Department of Veterans Affairs or serve as proof of receiving such benefits." c. VA Letter, dated 12 February 2019, indicating that the applicant served in the Army from 8 November 1994 to 6 February 1995 and his character of service was under honorable conditions. 9. The applicant states all of his VA documents state he was discharged under honorable conditions but his DD Form 214 does not. His records show the applicant was diagnosed with asthma and an EPSBD found that he did not meet medical fitness standards for enlistment but met retention standards, and recommended separation under AR 635-200, paragraph 5-11; the applicant concurred with the board’s recommendation. He served 2 months and 29 days of his 3 years contractual obligation. 10. 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. 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. 11. 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. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The governing regulation provides that a separation will be described as an entry-level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status. As such, his DD Form 214 properly shows his service as uncharacterized. 2. The VA determination that he served honorably is a determination made under the VA's statutory authority. The VA's determination is not evidence of an error in the applicant's Army record. The Board found no evidence of error, inequity, or injustice in the determination that his service would be uncharacterized due to his entry-level status. 3. 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. 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. 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. 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. 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 (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. 2. 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. ABCMR Record of Proceedings (cont) AR20190011109 6 1