ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 3 February 2020 DOCKET NUMBER: AR20190011901 APPLICANT REQUESTS: correction of her dates and characterization of service on her DD Form 214 (Certificate of Release or Discharge from Active Duty) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document) * DA Form 2-1 (Personnel Qualification Record) * DA Form 2496 (Disposition Form), dated 13 December 1988 * DA Form 2496, dated 15 December 1988 * DA Form 5138-R (Separation Action Control Sheet), dated 15 December 1988 * Headquarters, U.S. Army Training Center and Fort Dix Orders 355-128, dated 20 December 1988 * DD Form 214 * Retirement points summary, dated 17 April 2018 FACTS: 1. The applicant did not file within the 3 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 the following: * her DD Form 214 is uncharacterized and shows no length of service * she was dismissed from the Army 6 days before reaching 90 days * she entered into active duty on 9 September 1988 * she enlisted in the U.S. Army Reserve (USAR in July 1988 serving a total of 161 days * her records suggest some type of preexisting medical condition, however she was given a medical clearance when she enlisted * she performed all duties that were asked of her * she was discharged for medical reasons with no evidence of a medical reason in her official record * she was told that she did not have a right to appeal at the time * she would like to be considered for U.S. Government employment as a veteran who served proudly * her current DD Form 214 is not acceptable for employment with an uncharacterized designation and time served as less than 90 days 3. The applicant enlisted in the USAR on 13 July 1988. 4. Military Entrance Processing Station Orders 139-020, dated 13 July 1998 ordered her to initial active duty for training (IADT) at Fort Dix, New Jersey with a report date of 29 September 1988. 5. Her DA Form 2-1 shows she reported to the 42nd Adjutant General Battalion (Reception) on 28 September 1988. 6. A DA Form 2496, dated 13 December 1988 shows the applicant was counseled on the results of an Entrance Physical Standards Board proceedings. 7. Her records contain a partial copy of the Board proceedings which shows the following medical history: * she tested positive for allergies to dust, certain grasses, and pollen 7 years prior to enlistment * she has a history of recurring attacks of shortness of breath with associated audible wheezing at times * she has a history of not be able to catch her breath but has learned to breathe into a bag with conscious effort to gain control of her breathing * she was hospitalized at Fort Dix, NJ on an unspecified date in November 1988 after an episode of loss of consciousness due to possible hyperventilation while on a range 8. The applicant was given the following diagnoses after a military medical evaluation: * asthma: line of duty (LD) existed prior to service (EPTS), not permanently service aggravated * history of allergy problems: LD EPTS, not permanently service aggravated * hyperventilation: LD EPTS, not permanently service aggravated. * abdominal aorta bruit (abnormal narrowing of an artery) and possible left renal artery, bruit: LD EPTS, not permanently service aggravated 9. A second DA Form 2496, dated 15 December 1988, shows the brigade commander recommended the applicant’s discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, but be allowed to reenter the service upon evidence that her medical condition did not exist prior to service and/or does not exist at time of enlistment. The form also states the applicant did not successfully complete basic combat training. 10. Headquarters, U.S. Army Training Center and Fort Dix Orders 355-101, dated 20 December 1988 attached her to the U.S. Army Transition Point for discharge effective 20 December 1988. Those orders were amended by Headquarters, U.S. Army Training Center and Fort Dix Orders 355-128, dated 20 December 1988 to reflect a reporting date of 21 December 1988 for her discharge. 11. Her DD Form 214 shows the following: * she entered active duty on 28 September 1988 * she was released from active duty and discharged from the USAR on 21 December 1988 * she was not awarded a military occupational specialty * the separation authority is Army Regulation 635-200, paragraph 5-11 * the narrative reason for separation is not meeting procurement fitness standards – no disability * her service was uncharacterized 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 that relief was not warranted. Based upon the applicant failing to meet medical fitness standards, failing to obtain a military occupational specialty prior to separation, as well as serving less than 180 days of military service, the Board concluded there was insufficient evidence of an error or injustice which would warrant making a change to the applicant’s characterization of service. 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 3 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), sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-1 states unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status. b. Paragraph 5-11 states 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 entry on active duty or active duty for training for initial entry training may be separated. Such conditions must be discovered during the first 6 months of active duty. For character of service, paragraph 5-1 should be adhered to. c. Section II (Terms) of the Glossary states entry-level status for Army National Guard (ARNG) and United States Army Reserve (USAR) Soldiers was defined as the period from enlistment in the ARNG or USAR until 180 days after beginning training for those Soldiers ordered to initial active duty training (IADT) for one continuous period. For those Soldiers ordered to IADT for the split or alternate training option, entry-level status ended 90 days after beginning Phase II. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. The regulation states the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty, and it provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation further established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190011901 5 1