IN THE CASE OF: BOARD DATE: 30 January 2020 DOCKET NUMBER: AR20190012228 APPLICANT REQUESTS: reconsideration of his prior request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect an honorable discharge vice uncharacterized. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Standard Form 180 (Request Pertaining to Military Records) 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 AC92-08308 on 28 July 1993. 2. The applicant states his DD Form 214 shows his character of service is uncharacterized instead of honorable and he is unable to receive all services and benefits due to this oversight. 3. The applicant enlisted in the Regular Army on 12 April 1989. 4. His records contain a Medical Evaluation Board (MEB) Narrative Summary (NARSUM), dated 19 May 1989 which shows: * the applicant was in his first week of Basic Combat Training (BCT) when he was admitted to the hospital for pain in bilateral shoulders, upper arms, and back * there was no evidence of psychiatric illness * he was diagnosed with rhabdomyolysis (a breakdown of skeletal muscle due to direct or indirect muscle injury) * he was given a permanent physical profile rating of “3” for the condition and was not to engage in strenuous exercise or physical training 5. A DA Form 3947 (MEB Proceedings) shows an MEB convened on 23 May 1989 and found the applicant unfit for rhabdomyolysis, incurred while entitled to base pay, but not permanently aggravated by service, and referred him to the Physical Evaluation Board. The applicant concurred with the findings and recommendations of the Board and indicated he did not desire to continue on active duty. 6. His DD Form 214 shows: * he was discharged on 17 July 1989, after 3 months and 6 days of net active service, under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) due to physical disability with severance pay * he did not complete BCT nor was he awarded a military occupational specialty * his service was uncharacterized 7. The applicant previously applied to the Board requesting correction of his DD Form 214 to reflect an honorable character of service vice uncharacterized. On 28 July 1993, the Board denied his request, on the grounds that he was in an entry-level status at the time of his discharge and regulatory guidance calls for an uncharacterized discharge for Soldiers in an entry-level status. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record and length of service, his injury, a permanent profile, MEB and PEB proceedings and the reason for his separation. The Board found the applicant incurred the condition while entitled to base pay and was discharged for disability with separation pay while in an entry-level status. The Board considered the policy for character of service determination. The Board found evidence of circumstances that merit, as a case by case exception, a characterization of the applicant’s service. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation was unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AC92-08308 on 28 July 1993. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the DD Form 214 for the period of service ending 17 July 1989 to reflect in item 24 (Character of Service) – “Honorable” vice “Uncharacterized.” 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), sets forth the basic authority for the separation of enlisted personnel. The version in effect at the time of the applicant’s service was issued on 20 July 1984, and it revised the prior version of this regulation to include adding the provision providing for uncharacterized separations. a. Chapter 3 of this revision provided general guidance on character of service and description of separations. Paragraph 3-9 (Uncharacterized separations) states a separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except in the following circumstances: * when characterization of general, under honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case, or * the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty b. The Glossary defines entry-level status for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. 2. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), establishes the Army Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. a. The version in effect at the time of the applicant’s discharge was issued on 13 December 1985. It states enlisted members discharged by reason of physical disability will be honorably discharged and issued a DD Form 256A (Honorable Discharge Certificate), unless the character of service has been such to warrant the issuance of a DD Form 257A (General Discharge under Honorable Conditions Certificate). See Army Regulation 635-200. b. The revision of this regulation, issued on 15 August 1990, states service of enlisted Soldiers discharged by reason of physical disability normally will be characterized as honorable, or described as uncharacterized for those in entry-level status. However, characterization of general under honorable conditions is authorized for Soldiers beyond entry-level status whose service is satisfactory, but not sufficiently meritorious to warrant honorable characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190012228 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1