IN THE CASE OF:  

		BOARD DATE:  2 March 2021

		DOCKET NUMBER:  AR20200001711


APPLICANT REQUESTS:  upgrade of his uncharacterized discharge to honorable


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three-year time frame 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 went through basic training and was injured prior to 
completion.  He experienced stress fractures in the hips and was given an entry level 
separation.  His discharge shows “Uncharacterized” and the narrative reason for 
separation shows “Entry Level Performance and Conduct”.  He goes on to state he 
should have an honorable discharge since the decision to leave the service was due to 
in service stress fractures.  He followed all orders and always tried to go above and 
beyond and the injury was the only thing that prohibited him from staying in the service.  
He also indicates he is now service connected at 40%.  He provides a copy of his 
DD Form 214 and states his VA Records are with the Cleveland Regional Office.  

3.  The applicant enlisted in the Regular Army on 22 June 1998 with a three-year active 
duty commitment.  He entered Active Duty on 15 June 1999 at Fort Benning, Georgia.  

4.  A DD Form 2808 (Report of Medical Exam) shows the applicant underwent a 
medical examination on 17 December 1997.  The abnormalities indicated after the 
clinical evaluation were a birth mark, two scars and asymptomatic, moderate 
Pes Planus (flat feet).  The applicant was found qualified for service.  

5.  A DD Form 2648 (Preseparation Counseling Checklist) was completed on 10 
November 1999.  On 15 November 1999 the applicant was reassigned to the U.S. Army 
transition point to be processed for discharge.  

6.  The complete facts and circumstances surrounding his discharge are not in his 
available records for review as his discharge packet is not available.

7.  His DD Form 214 shows he was discharged on 16 November 1999 under the 
provisions of Army Regulation 635-200, chapter 11, for entry level performance and 
conduct after 5 months and 2 days of net active service, and his service was 
uncharacterized.  

8.  The applicant’s available records do not show he was issued a permanent P3 profile 
or had a condition requiring referral to the Army Disability Evaluation System (DES). 
The applicant did not provide his medical records and did not provide evidence showing 
he suffered an injury.  

9.  Army Regulation 635-200, chapter 11, in effect at the time, set policy and provided 
guidance for the separation of personnel because of unsatisfactory performance or 
conduct (or both) while in an entry level status.

10.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness 
standards for enlistment; induction; appointment, including officer procurement 
programs; retention; and separation, including retirement.  Once a determination of 
physical unfitness is made, the physical evaluation board (PEB) rates all disabilities.

11.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or 
Separation) establishes DES 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.  Only the unfitting 
conditions or defects and those which contribute to unfitness will be considered in 
arriving at the rated degree of incapacity warranting retirement or separation for 
disability.

12.  Based on the applicant's contention the Army Review Board Agency medical staff 
provided a medical review for the Board members. See "MEDICAL REVIEW" section.  

MEDICAL REVIEW:

1.  The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting 
documents provided and the VA's Joint Legacy Viewer (JLV).  Due to the period of time 
of the applicant's service there are no records in iPERMS, the Armed Forces Health 
Longitudinal Technology Application (AHLTA), or Health Artifacts Image Management 
Solutions (HAIMS).  

2.  The following findings and recommendations are made:  

a.  The applicant is requesting that his uncharacterized discharge be changed to 
honorable.  

b.  He enlisted in the Army on 22 June 1998, and entered Active Duty on 15 June 1999.  

c.  The applicant’s entrance exam indicated he had bilateral pes planus. 
 
d.  He asserts that he sustained stress fractures in his hips while in initial entry training 
(IET).  

e.  The record is void of any medical documents related to the reported stress fractures.  
There is no indication that the applicant’s condition warranted a permanent profile or 
referral to the DES.  He was discharged from the Army on 16 November 1999 after 
completing 5 months and 2 days of active service.  

f.  Because the applicant had completed less than 6 months of Active Duty it would 
have been appropriate for him to be separated from the Army for not meeting 
procurement standards IAW AR 40-501, Chapter 2, and receive an uncharacterized 
discharge.  There is nothing to indicate that the reported injuries occurred before or after 
the applicant entered IET.  

g.  Therefore, based on the available information, it is the opinion of the Agency Medical 
Advisor that there is insufficient evidence to warrant a change in the applicant’s 
discharge due to medical reasons.        
  

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.

2.  The Board applied DoD guidance on liberal consideration in reviewing the applicant’s 
request and determined there is insufficient evidence to grant relief.  The applicant did 
not provide his medical records and did not provide evidence showing he suffered an 
injury.  His available records do not show he was issued a permanent P3 profile or had 
a condition that would require referral to the Army Disability Evaluation System (DES).  
Therefore, there is insufficient information to grant his request. 


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XX	:XXX	:XXX	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  That the applicant’s characterization of service complies with regulatory 
requirements. 

2.  


		  
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.  Title 10, U.S. Code, chapter 61, provides the Secretaries of the Military Departments 
with authority to retire or discharge a member if they find the member unfit to perform 
military duties because of physical disability.  The U.S. Army Physical Disability Agency 
is responsible for administering the Army physical disability evaluation system and 
executes Secretary of the Army decision-making authority as directed by Congress in 
chapter 61 and in accordance with Department of Defense Directive 1332.18 and Army 
Regulation 635-40.

3.  Army Regulation 635-40 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.  Only the unfitting conditions or defects and those which 
contribute to unfitness will be considered in arriving at the rated degree of incapacity 
warranting retirement or separation for disability.

4.  Army Regulation 40-501 governs medical fitness standards for enlistment; induction; 
appointment, including officer procurement programs; retention; and separation, 
including retirement.  Once a determination of physical unfitness is made, the PEB rates 
all disabilities.  The VA Schedule for Rating Disabilities is used by the Army and the VA 
as part of the process of adjudicating disability claims.  It is a guide for evaluating the 
severity of disabilities resulting from all types of diseases and injuries encountered as a 
result of, or incident to, military service.  This degree of severity is expressed as a 
percentage rating which determines the amount of monthly compensation.

5.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), sets forth 
the basic authority for the separation of enlisted personnel.  

a.	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.  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.

   c.  Paragraph 5-11 states 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 or active duty 
for training for initial entry training may be separated.  Such conditions must be 
discovered during the first 6 months of active duty.

d.  Chapter 11, provides for the separation of personnel because of unsatisfactory 
performance or conduct (or both) while in an entry-level status.  When separation of a 
Soldier in entry-level status is warranted by unsatisfactory performance or minor 
disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or 
failure to adapt to the military environment, he or she will normally be separated per this 
chapter.  Service will be uncharacterized for entry-level separation under the provisions 
of this chapter.  This policy applies to Soldiers in the Regular Army, Army National 
Guard (ARNG), and USAR who have completed no more than 180 days of continuous 
active duty or initial active duty for training (IADT) or no more than 90 days of Phase II 
under a split or alternate training option.
   
6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR.  The ABCMR begins its consideration of each case 
with the presumption of administrative regularity.  The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200001711


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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