IN THE CASE OF:  BOARD DATE:  9 March 2020 DOCKET NUMBER:  AR20190014655 


APPLICANT REQUESTS:  The applicant requests to change his character of service from “entry level separation – uncharacterized” to honorable.   

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)



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the Army Board for Correction ofMilitary Records conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states his uncharacterized discharge is unjust.  He performedhonorably while in the Army.  He did not get in trouble nor disobey commands fromsuperiors.  He deserves to have an honorable discharge put in his record.  He had nonon-judicial punishment or disciplinary action of any kind in his record.

3.On 19 September 1984, the applicant enlisted in the United States Army Reserve fora period of 8 years, and further enlisted in the Regular Army on 21 September 1984 fora period of 4 years.

4.His record contained Personnel Action forms that show he was hospitalized duringthe period of 29 September to 16 October 1984.

5.On 23 October 1984, a Statement of Medical Examination and Duty Status for theapplicant was reviewed for completeness and determined to be in the line of duty.  Itstated in part, on 29 September 1984, the applicant was going from the second floor tothe ground floor when he slipped and fell, striking his back on the stairs.  The applicantwas on his way to the laundry room and was wearing shower shoes.  The applicant wastaken to Ireland Army Hospital by ambulance.  He was admitted to the hospital.

6.The applicant’s record contains Entrance Physical Standards Board (EPSBD)Proceedings, dated 15 October 1984, that shows:

a.The applicant was suffering from lower back pain.  His past medical historyconsisted of back pain in high school when undergoing rigorous activities.  Current clinical and laboratory findings showed he had poor forward flexion of the spine and mild paraspinal spasm.   

b.He was diagnosed with chronic low back pain that existed prior to service.  He didnot meet induction standards according to paragraph 2-10d(3), chapter 2 of Army Regulation (AR) 40-501 (Standards of Medical Fitness).     

c.The medical approving authority approved the findings shown on the EPSBDProceedings.  The medical approving authority forwarded the EPSBD Proceedings to the applicant's unit for appropriate action in accordance with paragraph 5-11 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). 

d.The applicant acknowledged that he was informed of the medical findings.Additionally, he acknowledged that he understood that legal advice of an attorney employed by the Army was available to him and that he could consult with civilian counsel at his own expense.  The applicant further acknowledged he understood he could request a discharge from the Army without delay or request retention on active duty.   

e.The applicant concurred with the proceedings and requested to be dischargedfrom the Army without delay. 

f.He did not request to be retained on active duty, nor did he disagree with theEPSBD Proceedings.  

g.The applicant’s commander recommended he be discharged, and the dischargeauthority approved the applicant's separation from the Army under the provisions of paragraph 5-11, AR 635-200, by reason of failing to meet procurement medical fitness standards.  The applicant did not complete the 8 weeks One Station Unit Training.   

7.On 5 November 1984, the applicant was discharged.  His DD Form 214 shows hewas discharged under the provisions of AR 635-200, paragraph 5-11.  The narrativereason for separation shows "DID NOT MEET PROCUREMENT MEDICAL FITNESSSTANDARDS – NO DISABILITY" and his service was uncharacterized.  He completed1 month and 15 days of net active service during this period.

8.AR 635-200 sets forth the basic authority for separation of enlisted personnel.












a.Paragraph 5-11 specifically provides that Soldiers who are not medically qualifiedunder 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.   b.A medical proceeding conducted by an EPSBD, regardless of the datecompleted, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, 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, chapter 3.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action. c.An uncharacterized separation is an entry-level separation.  A separation will bedescribed as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized by the reason for separation and is warranted by the circumstances of the case or when 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. 9.AR 40-501 governs medical fitness standards for enlistment, induction, appointment,retention, and separation.  Chapter 2 sets forth the medical conditions and physicaldefects which are causes for rejection for military service in peacetime.  It provides inpertinent part, a member may be rejected from military service for pain in the lower backor leg which is intractable and disabling to the degree of interfering with walking,running, and weight bearing.BOARD DISCUSSION: 1.The Board carefully considered the applicant’s request, supporting documents,evidence in the records and published DoD guidance for consideration of dischargeupgrade requests.  The Board considered the applicant’s statement, his record andlength of service, the nature of his medical condition, the results of the EPSDB review,his elections and the reason for his separation.  The Board considered the applicableArmy policy.  The Board found the applicant did not complete required training and thathe was in an entry-level status at the time of separation.  Based on a preponderance ofevidence, the Board determined that the character of service the applicant receivedupon separation was not in error or unjust.

2.After reviewing the application and all supporting documents, the Board found thatrelief was not warranted.
BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : 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. 



X


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 militaryrecords must be filed within three 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 oflimitations if the ABCMR determines it would be in the interest of justice to do so.
2.AR 635-200 sets forth the basic authority for separation of enlisted personnel.

a.Paragraph 5-11 specifically provides that Soldiers who are not medically qualifiedunder 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.   

b.A medical proceeding conducted by an EPSBD, regardless of the datecompleted, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, 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, chapter 3.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action. 

c.An uncharacterized separation is an entry-level separation.  A separation will bedescribed as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized by the reason for separation and is warranted by the circumstances of the case or when 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. 

d.An honorable discharge is a separation with honor and entitles the recipient tobenefits 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. 

3.AR 40-501 governs medical fitness standards for enlistment, induction, appointment,retention, and separation.  Chapter 2 sets forth the medical conditions and physicaldefects which are causes for rejection for military service in peacetime.  It provides inpertinent part, a member may be rejected from military service for pain in the lower back
or leg which is intractable and disabling to the degree of interfering with walking, running, and weight bearing. 
                      
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