IN THE CASE OF: BOARD DATE: 17 January 2020 DOCKET NUMBER: AR20190012070 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 6 July 2004, to show his service was characterized as under honorable conditions (general). Additionally, he would like his narrative reason for discharge to show he was medically separated. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), dated 15 July 2019, with self-authored statement * 16 pages of medical documents dated between 22 August 2003 and 1 October 2004 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: a. He enlisted in the Army for the first time on 19 May 2004. He failed a pulmonary function test while in sick bay for breathing issues. He also injured his knee while in training but didn’t want to say anything because of his failed pulmonary function test. He was sent to a medical discharge unit because he failed his physical fitness test. He begged to be sent back to training, as he wasn’t sick anymore and was positive he could pass a new fitness test. He was denied this request because they said he had asthma. He had passed pulmonary function tests before he started basic training and while in the delayed enlistment program. b. When he was discharged, he immediately had surgery on his knee. Since his surgery, he has never been the same. He can’t jump, run, or walk without pain. His left leg is significantly shorter than his right leg, which will only get worse with time. He has a wife and four children who depend on him daily. He walks with a limp and just wants treatment at the Department of Veterans Affairs (VA). He was wrongly characterized during his discharge, as he was medically separated against his will. c. His discharge should reflect a medical discharge so that he can receive further treatment from the VA. He is being seen by a doctor at the VA for emotional and mental health. The VA will not see him for physical treatment because they say that he is ineligible. He enlisted a second time in 2008, which resulted in another fitness test failure while sick. His government failed him yet again and rejected him. He fell into a deep depression and now has panic attacks with severe anxiety because of all this. 3. The applicant enlisted in the Army National Guard (ARNG) on 28 April 2004. He entered active duty on 18 May 2004, for the purpose of completing his active duty for training (ADT). 4. The applicant's record is void of a separation packet containing the specific facts and circumstances surrounding his discharge processing. However, the DD Form 214 he was issued shows he was released from ADT and returned to the ARNG on 6 July 2004, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, by reason of failure to meet procurement medical fitness standards. He was credited with completing one month and 19 days of net active service and was not awarded a military occupational specialty. His service was uncharacterized. 5. Orders 321-1020, issued by the California ARNG on 17 November 2005, discharged the applicant from the ARNG on 15 July 2005, with an uncharacterized discharge. 6. 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 in an entry-level status at the time of his separation processing. In accordance with the governing regulation, a Soldier's service will be uncharacterized when the Soldier is discharged while in an entry-level status. 7. The applicant provides medical documents that indicate he had re-constructive surgery on his left knee prior to enlistment and again had surgery on his left knee on 26 August 2004. BOARD DISCUSSION: The Board considered the applicant's statement, the supporting documents he provided, and evidence from his service record. The Board found no mitigating circumstances that would support a change to his character of service. He was discharged while he was in an entry-level status, and his service was uncharacterized as required by the governing regulation. The Board also found insufficient evidence indicating error or injustice in the narrative reason for his discharge. The Board noted the proximity of his knee surgery to his date of discharge, but the Board also noted that the applicant had a pre-service history of surgery on his knee, and the discovery of problems with that knee within his first 6 months of service would also have been a basis for discharging him for failure to meet procurement medical fitness standards. Based on a preponderance of evidence, the Board determined the character of service the applicant received upon discharge and the narrative reason for his discharge were not in error or unjust. 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 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3 provides that a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated. b. Paragraph 3-7a provides 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. c. Paragraph 3-9, in effect at the time of the applicant's separation, 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) a discharge under other than honorable conditions was authorized, due to 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. d. 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. 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(Standards of Medical Fitness). e. 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. An uncharacterized discharge is neither favorable nor unfavorable; in the case of Soldiers issued this characterization of service, an insufficient amount of time would have passed to evaluate the Soldier's conduct and performance. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190012070 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190012070 5 ABCMR Record of Proceedings (cont) AR20190012070 4