IN THE CASE OF: BOARD DATE: 20 September 2021 DOCKET NUMBER: AR20210010853 APPLICANT REQUESTS: upgrade of his uncharacterized discharge to honorable or Medical. 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, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (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 that his DD Form 214 states that his character of service is uncharacterized. He needs his discharge to be honorable or medical. His DD Form 214 does not state that his discharge was not dishonorable as it should. 3. The applicant enlisted in the United States Army reserve on 16 April 1992 for a period of 8 years. He underwent a medical examination the same day. His Standard Form (SF) 88 (Report of Medical Examination) is reflects he had pes planus, asymptomatic, and he was qualified for service. 4. The applicant was ordered to Initial Active Duty for Training (IADT) on 22 April 1992. He reported to Fort Jackson, SC and entered active service on 25 September 1995. He completed basic combat training (BCT) and was transferred to Fort Lee, VA for Advanced Individual Training (AIT) effective 4 December 1992. 5. The applicant submitted a Request for Separation & Waiver of Physical Evaluation Board (PEB) Evaluation on 28 January 1993 based upon the findings and recommendations of a Medical Evaluation Board (MEB), which found him unqualified for retention due to physical disability that was found to have existed prior to entry into active service (EPTS). He acknowledged he had been fully informed and understood that he was entitled to the same consideration and processing as any other member of the Army separated for physical disability. He understood this included consideration of his case by a Physical Evaluation Board (PEB). However, he elected not to exercise this right. He also understood that the Department of Veteran Affairs (VA) would determine any entitlement to VA benefits. He understood that he would be separated by reason of an EPTS physical disability and he would receive a discharge in keeping with the character of his service, as decided by the officer designated to effect his separation from the military service. 6. An EPTS Narrative Summary states, in part, the applicant was seen with complaint of flat feet bilaterally. He had been seen by a civilian physician prior to coming onto military service for arch support which help some. He stated that aggravating factors were running, marching, prolonged standing, and basically a feeling of fatigue of his feet at the end of the day. Also marching with a sack was very aggravating. Relieving factors had been avoiding these activities specifically. He had not been able to participate in any physical activities in AIT. It was felt that continued military service would do nothing but aggravate an EPTS condition. The document is available in its entirety to the Board. 7. A DA Form 3947 (MEB Proceedings), dated 4 February 1993, shows the applicant was evaluated for pes planus and it was determined the condition existed prior to service, was not incurred while entitled to base pay, and was not permanently aggravated by service. He was recommended for discharge under the provisions of AR 635-40, Chapter 5. He agreed with the findings on 5 February 1993. 8. A General Counseling Form, dated 5 February 1993, shows the applicant was referred for counseling due to pending chapter 5, EPTS discharge. He stated that this condition did exist prior to service. As a result of counseling, the applicant, had been advised of the consequences of this action and he understood them. 9. The applicant was discharged on 11 February 1993 under the provisions of AR 635- 40, Chapter 5 for physical disability prior to entry on active duty – medical board. His DD Form 214 shows his service was uncharacterized, his separation code was KFN with reentry code 3. 10. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System and sets forth policies, responsibilities, and procedures that govern the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. Chapter 5 (Separation for Non-Service Aggravated, EPTS Conditions upon Soldier's Waiver of PEB Evaluation) provides for separation of an enlisted soldier for non-service aggravated EPTS conditions when soldier requests waiver of PEB evaluation. 11. Army Regulation 635-200 (Personnel Separations) set policies, standards, and procedures insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers. Readiness is promoted by maintaining high standards of conduct and performance. 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. An entry level status is defined as the first 180 days of creditable continuous active duty or active duty for training of no more than 90 days. 12. MEDICAL REVIEW: a. The Army Review Board Agency Medical Advisor reviewed the supporting documents and the applicant's records in the VA's Joint Legacy Viewer (JLV). There were no records in the Interactive Personnel Electronic Records Management System the Armed Forces Health Longitudinal Technology Application, or in the Health Artifacts Image Management Solutions, likely due to the age of the case. The applicant requests for his discharge to be changed from uncharacterized to Honorable or Medical. b. During the 16 Apr1992 Report of Medical Exam (for enlistment), mild asymptomatic Pes Planus was noted. His physical profile was listed as PULHES 111111. He was deemed qualified for service. He underwent a MEB on 04Feb1993 for Pes Planus. The bilateral foot condition was determined to not meet retentions standards. The condition was not incurred while entitled to base pay. The Pes Planus existed prior to service (EPTS) and was determined to not have been aggravated by his military service. Rather than undergo a PEB, the applicant elected to be discharge expeditiously and waived the PEB evaluation. The applicant concurred with the MEB findings. For background, the applicant did divulge that prior to his entry into service, he had been treated with foot inserts for arch support by a civilian physician, which did help his condition somewhat. He completed basic training, but he was not able to participate in AIT physical activities due to his symptoms. The exam showed pronounced flat feet with tenderness on the plantar surface. The diagnosis was Pes Planus EPTS. d. The MEB did not reveal that any other condition failed medical retention standards. There were no other in-service treatment records available for review. JLV search showed that over 10 years after separation from service, the applicant was first seen at a VA facility in 2004. He was not service connected by the VA for any disability. The applicant was separated under provisions of AR 635-40, chapter 5, with a little over 4.5 months of service. Based on records available for review, the applicant’s medical condition was duly considered during medical separation processing. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The governing regulation provides that a separation will be described as an entry-level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status. He completed basic training, but he was not able to participate in AIT physical activities due to his symptoms. A medical examination showed pronounced flat feet with tenderness on the plantar surface. The diagnosis was Pes Planus EPTS. He was accordingly separated due to his preexisting condition. As such, his DD Form 214 properly shows his service as uncharacterized. 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 X: X: X: 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, USC, 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 ABCMR determines it would be in the interest of justice to do so. 2. 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. 3. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System and sets forth policies, responsibilities, and procedures that govern the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. Chapter 5 (Separation for Non-Service Aggravated, EPTS Conditions upon Soldier's Waiver of PEB Evaluation) provides for separation of an enlisted soldier for non-service aggravated EPTS conditions when soldier requests waiver of PEB evaluation. 4. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) set policies, standards, and procedures insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers. Readiness is promoted by maintaining high standards of conduct and performance. Paragraph 5-11 provided for the separation of Soldiers who did not meet medical procurement medical fitness standards for enlistment or who became medically disqualified after entrance onto active duty will be separated. Medical proceedings must establish that a medical condition was identified by appropriate military medical authority within 6 months of the Soldier’s initial entrance on active duty for the Regular Army or during active duty training for initial entry training for the U.S. Army National Guard and the U.S. Army Reserve. a. The medical diagnosis would have permanently or temporarily disqualified her for entry into the military service or entry on active duty or active duty for training for initial entry training had it been detected at that time. b. No Soldier has a right to be retained under this paragraph. Soldiers not retained will be processed for separation. c. Soldiers can be retained by the separation authority if he or she determines, after considering the findings of an Entrance Physical Standards Board, that the Soldier’s disqualifying condition will not prevent the Soldier from performing satisfactorily throughout her period of enlistment. d. Soldiers who do not meet the medical fitness standards for retention will be processed per Army Regulation 635-40. e. Unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions or an uncharacterized description of service if in entry level status. 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. An entry level status is defined as the first 180 days of creditable continuous active duty or active duty for training of no more than 90 days. f. An honorable characterization of service may be awarded to a Soldier upon completion of their first enlistment period or the period for which called or ordered to active duty or active duty for training. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010853 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1