IN THE CASE OF: BOARD DATE: 8 September 2020 DOCKET NUMBER: AR20190015666 APPLICANT REQUESTS: The applicant requests, in effect, reconsideration to change his “uncharacterized” character of service to general, under honorable conditions. 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) * Department of Veterans Affairs correspondence 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 AR20180010749 on 1 August 2019. 2. The applicant states he was young and did not understand the process that occurred pertaining to his discharge when he fell ill. This affected him at a young age and he requests the change for a peace of mind and possibly Veterans Affairs (VA) benefits. 3. On 24 July 1990, the applicant was 17 years old and enlisted in the Regular Army for a period of 3 years. He was assigned to Alpha Company, 6th Battalion, 10th Infantry 3rd Basic Training Brigade, Fort Leonard Wood, MO, from 3 August 1990 to 24 September 1990. He did not completed training requirements; therefore, he was not awarded a military occupational specialty. 4. On 10 September 1990, Entrance Physical Standard Board (EPSBD) Proceedings were completed at the medical treatment facility at Fort Leonard Wood, MO. In pertinent part, the EPSBD Proceedings show the applicant’s chief complaint was shortness of breath, chest pains and acute bronchospasms. a. After a physical examination and lab results, the applicant was diagnosed with bronchial asthma, acute (possibly existed prior to service (EPTS)), and EPTS, seasonal allergic rhinitis. b. Under the provisions of Army Regulation (AR) 40-501 (Standards of Medical Fitness - Medical Services), paragraph 2-24d, the applicant was determined to be unfit for entry into active duty. The EPSBD further recommended separation for the diagnosis of mild bronchial asthma. c. On 18 September 1990, the applicant was informed of the medical findings and he acknowledged he understood that legal advice of an attorney employed by the Army was available or he could have consulted with civilian counsel at his own expense. He concurred with the proceedings and requested to be discharge from the Army without delay. d. His unit commander recommended that the he be discharged, and indicated the applicant had not completed 8 weeks of basic training. e. On 19 September 1990, the discharge authority, approved the applicant's discharge under the provisions of AR 635-200 (Personnel Separations - Enlisted Personnel), Chapter 5-11, he did not meet procurement medical fitness standards, no disability. 5. On 24 September 1990, the applicant was discharged accordingly. His DD Form 214 shows he was discharged under the provisions of AR 635-200, paragraph 5-11. His separation code was listed as JFT, unqualified for active duty - other, he did not meet procurement medical fitness standards, no disability. His character of service was “uncharacterized”. He completed 2 months and 1 day of net active service this period. 6. The applicant is advised 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. 7. AR 635-200, paragraph 3-9, states for entry level status separation, a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status. Paragraph 5-11, in pertinent part, states 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 entry on active duty (AD) or active duty for training (ADT) for initial entry training, will be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the Soldier's initial entrance on AD for Regular Army (RA) 8. The ABCMR is not authorized to grant requests for upgrade of discharges solely for the purpose of making the applicant eligible for veterans' benefits; however, in reaching its determination, the Board can consider the applicant's petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. 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 two months 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. The applicant underwent an EPSB on 10 September 1990, while in IET. The Board determined the applicant was unfit for entry into active duty and recommended separation for the diagnosis of mild bronchial asthma. The record indicates that the applicant was informed of the medical findings and he acknowledged he understood that legal advice of an attorney employed by the Army was available or he could have consulted with civilian counsel at his own expense. He concurred with the proceedings and requested to be discharge from the Army without delay. Therefore, the ABCMR found that the applicant’s separation was proper and fitting. The 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. AR 635-200 (Personnel Separations - Enlisted Personnel), sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a states 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. b. Paragraph 3-7b states a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge, or a characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization. It will not be issued to Soldiers upon separation at expiration of their period of enlistment, military service obligation, or period for which called or ordered to active duty. c. Paragraph 3-9, states for entry level status separation. A separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status, except in the following circumstances: * when characterization Under Other Than Honorable Conditions is authorized under the reason for separation and is warranted by the circumstances of the Case * 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. This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the government and Secretarial plenary authority d. Paragraph 5-11a, states 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 entry on active duty (AD) or active duty for training (ADT) for initial entry training, will be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the Soldier's initial entrance on AD for Regular Army (RA), which: * would have permanently or temporarily disqualified him or her for entry into the military service or entry on AD or ADT for initial entry training had it been detected at that time * does not disqualify him or her for retention in the military service under the provisions of AR 40-501, Chapter 3 2. AR 40-501 (Standards of Medical Fitness - Medical Services) gives the various medical conditions and physical defects which may render a Soldier unfit for further military service. Chapter 3, Disposition of Soldiers who may be unfit because of physical disability. Paragraph 3-4e states Soldiers on active duty who meet retention medical fitness standards but who failed to meet procurement medical fitness standards on initial entry into the service (erroneous appointment, enlistment, or induction) may be processed for separation as provided in AR 635-200. 4. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. a. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. b. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed , and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015666 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190015666 5 ABCMR Record of Proceedings (cont) AR20190015666 4