IN THE CASE OF: BOARD DATE: 3 January 2022 DOCKET NUMBER: AR20210013318 APPLICANT REQUESTS: His uncharacterized discharge be upgraded to an under honorable conditions (general) discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 26 March 2021 * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 30 January 1990 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. Code (USC), 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 while serving it was discovered that he could no longer continue to lift the howitzer shells due to back issues. He was given a choice to change his military occupational specialty (MOS) and become an Infantryman, or receive a general discharge. He had originally enlisted for military intelligence but was transferred to field artillery. Due to his aptitude in this area, he chose to be discharged. 3. The applicant enlisted in the Regular Army on 4 October 1989. 4. The available medical records show he was treated for: * pain in the right elbow with radiating down his arm, diagnosed as an elbow strain * hyperventilation for which he was given valium * acute persistent mechanical low back pain with a decreased range of motion * thoracic back pain with radiation to legs following a fall * a follow-up treatment for his pack problems wherein he indicated he had an injury to his back 2 years prior to service * a viral infection * a left ankle strain with possible tendinitis * possible stress fracture left foot 5. Three DA Forms 4856 (General Counseling Form) show the applicant was progressing satisfactorily in training. A fourth form, dated 22 January 1990, indicates he was briefed on a proposed separation under Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 5, for a medical condition that existed prior to service. 6. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 17 January 1990, found that the applicant suffered from chronic myofascial pain syndrome worsened by a deviation of the spine of over two degrees. He had a limited range of motion of the lumbar/sacral spine with myofascial pain syndrome that was exercise induced. It was determined that these conditions had existed prior to service. It was determined that he was unfit for enlistment and was cleared for separation. 7. The applicant concurred with the EPSBD findings, on 22 January 1990. 8. The separation authority directed the applicant's separation on 25 January 1990. 9. The applicant was discharged on 30 January 1990, under the provisions of Army Regulation 635-200, paragraph 5-11(c). The DD Form 214 he was issued shows. * he had three months and 27 days of active duty * he was not awarded a military occupation specialty * his service was uncharacterized * his narrative reason for separation was "Did not meet procurement medical fitness standards - no disability" 10. The applicant had a back injury since 1986 and lumbar scoliosis since birth. He was found to not meet medical procurement standards by an EPSBD, to which he concurred. The applicant did not complete his initial active duty training and was not awarded a military occupational specially. 11. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. The evidence of record shows the applicant was in an entry-level status at the time of his separation. As a result, his service was appropriately described as "uncharacterized" in accordance with governing regulations. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief not warranted. As the applicant was in entry level status and did not received an MOS, in accordance with regulatory guidance he was discharged with a characterization of service as “uncharacterized.” 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. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, U.S. 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a provides that 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 3-9, in effect at the time of the applicant's separation, 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 (the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated), except when: (1) a discharge under other than honorable conditions was authorized, due to 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. 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. 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(Standards of Medical Fitness). d. 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. An uncharacterized discharge is neither favorable nor unfavorable; in the case of Soldiers issued this characterization of service, an insufficient amount of time would have passed to evaluate the Soldier's conduct and performance. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont.) AR20210013318 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1