IN THE CASE OF: BOARD DATE: 19 March 2020 DOCKET NUMBER: AR20190015443 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 7 March 1983 by changing his narrative reason to medical discharge and upgrading his characterization of service from uncharacterized to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) with Minnesota Veteran Services request form * Standard Form (SF) 93 (Report of Medical History), dated 28 October 1982 * SF 519-A (Radiographic Report), dated 28 October 1982 * DD Form 214 FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code, section 1552(b); however, the 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 he was in basic training and medical discharged due to his medical condition of having hammer toes. He was hospitalized at Fort Leonard Wood, Missouri and was given an uncharacterized discharge instead of a medical discharge. 3. Prior to enlisting in the Regular Army, the applicant filled out an SF 93, wherein he acknowledged that he wore glasses, had the normal childhood diseases, had his appendix removed when he was 17 years old, and stated he was in good health. On an SF 88 (Report of Medical Examination), dated 28 October 1982, he was given an entrance medical examination, where a physician noted he wore glasses, had bilateral hammer toes, and that he had no disqualifying defects or communicable diseases and was qualified for military service. 4. In addition, an SF 519-A indicates the applicant had hammer toes of the right 3,4, and 5 toes. 5. The applicant enlisted in the Regular Army on 29 December 1982. He was assigned to Fort Leonard Wood, Missouri for his initial entry training. 6. The applicant’s record is void of a complete separation packet; however, it does contain: a. A document with the heading that annotates the applicant's name and social security number and includes a sentence, which reads, "(3) a and Chapter 2-10 b(12). Discharge for EPTS (existed prior to service) condition is recommended." b. A USA MEDDAC FLW FL 15-R issued by Headquarters, USA Medical Department Activity, Fort Leonard Wood, Missouri, dated 25 February 1983, subject: Transmittal of Medical Board Proceedings (Applicant), which states: Forwarded herewith are the Medical Board Proceedings pertaining to the above named individual for necessary processing in compliance with provisions of pertinent paragraph and chapter listed below: "Para 5-11, AR 635-200 (Erroneous Enlistment or Induction)." c. A document with the subject: Separation of Service Member, dated 3 March 1983 from Chief, Personnel Actions Unit, Headquarters, USATC Engineer & Fort Leonard Wood, Missouri to Chief, AG Separation Section showing: * Recommendation for separation has been approved due to failure to meet medical procurement standard UP Para 5-11, AR 635-200 * SM will be discharged and furnished an Entry Level Separation, SPD - JFT 7. The documents showing the complete EPTS process (i.e., a DA Form 4707 (Entrance Physical Standards Board (EPSBD)) are not located in his record. 8. The applicant was discharged on 7 March 1983, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-11, by reason of did not meet procurement medical fitness standards - no disability. His DD Form 214 shows he was issued an uncharacterized character of service, a separation code of "JFT," and completed 2 months and 9 days of net active service. He did not complete basic training nor was he awarded a military occupational specialty. BOARD DISCUSSION: 1. After review of the application and all evidence, including the applicant’s statement, the Board determined there is insufficient evidence to grant relief. The applicant attended Initial Entry Training (IET) and was on active duty for 2 months and 9 days before separating. The governing regulation provides that a separation will be described as an entry-level separation, with service uncharacterized, if the separation action is initiated within the first 180 days of service, while a Soldier is in entry-level status. Medical Board results dated 25 February 1983, while the applicant was in IET indicate that the applicant’s condition failed chapter 2 enlistment standards yet met chapter 3 retention standards of AR 40-501 (30 August 1995). Given his 2 months and 9 days in the Army, they also correctly determined that this condition had existed prior to service and was not service-connected. Therefore, the ABCMR found that the applicant’s DD Form 214 properly shows his service as uncharacterized, with a proper narrative reason, separation code and RE code. 2. 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 :XX :XX :XX 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, United States Code, 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 40-501 (Standards of Medical Fitness), governs medical fitness standards for enlistment, induction, appointment, retention, and separation. Chapter 2 provides for the physical standards for enlistment or induction. 3. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Paragraph 3-9 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) an under other than honorable conditions characterization was authorized by 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. b. Entry-level status is defined as the first 180 days of continuous active service for Regular Army Soldiers. c. 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. A 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. 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. 4. Army Regulation 635-5-1 (Personnel Separations – Separation Program Designators (SPD)), in effect at the time, prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD to be used for these stated reasons. It shows separation by paragraph 5-11 of Army Regulation 635-200 the reason of separation to be "did not meet procurement medial fitness standards, no disability" and the SPD code of "JFT." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015443 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1