IN THE CASE OF:  

		BOARD DATE:  29 September 2021

		DOCKET NUMBER:  AR20210013546


APPLICANT REQUESTS:  in effect, 

*	upgrade of his character of service from uncharacterized to honorable
*	correction of his narrative reason for separation to show medical discharge
*	issuance of a DD Form 214 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Department of Veterans Affairs (VA) benefits entitlement letter

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 he was not given a discharge document or official release.  It 
should be corrected to reflect what they finally admitted, which is service connected, 
permanent and total (P/T) with two ratings service connected.  His final release papers 
should say service connected and honorable or medical discharge.  

3.  The applicant enlisted in the Army Reserve on 21 February 1986 for a period of 8 
years.  

4.  The applicant was issued initial active duty for training (IADT) Order Number 38-021 
one 21 February 1986 to report for IADT on 4 March 1986.  His orders also show a 
reporting date of 9 May 1986 for advanced individual training (AIT).  

5.  Orders 045-653 shows the applicant was joined to Company D, 3rd Battalion, 1st 
Basic Training Brigade, Fort Jackson, SC to attend basic training for approximately 8-12 
weeks.  

6.  Order 63-779, dated 2 April 1986, discharged the applicant from the Army Reserve 
effective 7 April 1986.  His character of service shows uncharacterized.  

7.  A DD Form 220 (Active Duty Report) shows the applicant served on active duty from 
4 March 1986 to 7 April 1986.  

8.  The applicant’s separation package was not available in the applicant’s military 
personnel file.  

9.  The applicant provided a VA benefits entitlement letter, dated 10 September 2019, 
that shows his character of service as honorable.  It also shows he is being paid 100 
percent rate because he is unemployable due to his service-connected disabilities.  The 
letter does not state the applicant’s specific disabilities.   

10.  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.

11.  The Army rates only conditions determined to be physically unfitting at the time of 
discharge, which disqualify the Soldier from further military service.   The Army disability 
rating is to compensate the individual for the loss of a military career.   The VA does not 
have authority or responsibility for determining physical fitness for military service.   The 
VA may compensate the individual for loss of civilian employability.

12.  Title 38, U.S. Code, Sections 1110 and 1131, permit the VA to award compensation 
for disabilities which were incurred in or aggravated by active military service.   
However, an award of a VA rating does not establish an error or injustice on the part of 
the Army.  

13.  Title 38, CFR, Part IV is the VA’s schedule for rating disabilities.  The VA awards 
disability ratings to veterans for service-connected conditions, including those conditions 
detected after discharge.   As a result, the VA, operating under different policies, may 
award a disability rating where the Army did not find the member to be unfit to perform 
his duties.   Unlike the Army, the VA can evaluate a veteran throughout his or her 
lifetime, adjusting the percentage of disability based upon that agency's examinations 
and findings.



14.  MEDICAL REVIEW:    

The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this 
case. Documentation reviewed included the applicant’s ABCMR application and 
accompanying documentation, the military electronic medical record (AHLTA), the VA 
electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the 
Medical Electronic Data Care History and Readiness Tracking (MEDCHART) 
application, and the Interactive Personnel Electronic Records Management System 
(iPERMS).  The ARBA Medical Advisor made the following findings and 
recommendations:  

    a.  The applicant is applying to the ABCMR requesting an upgrade of his 7 April 1986 
uncharacterized discharge and, in essence, a referral to the Disability Evaluation 
System.  He states:

“They did not give me a discharge document or official release.  It should be 
corrected to reflect what they finally admitted to which is service connected, P/T 
with two ratings service connected.  My final release papers should say service 
connected and honorable or medical discharge.”

    b.  The Record of Proceedings outlines the applicant’s military service and the 
circumstances of the case.  His Active Duty Report (DD 220) shows the former USAR 
entered the regular Army for training on 4 March 1986 and received an uncharacterized 
discharge on 7 April 1986.  The separation authority is not listed.

    c.  The applicant entered basic combat training on 7 March 1986.  Orders published 
on 2 April 1986 by the Headquarters of the United States Training Center at Ft. Jackson 
South Caroling show he received and uncharacterized discharge from the USAR on 7 
April 1986.  Again, the separation authority is not listed

    d.  No medical documentation was submitted with the application.

    e.  Given the brevity of his service, it is quite likely the applicant entered basic combat 
training with a pre-existing condition which was not compatible with military service.

    f.  Review of his records in JLV shows he has been awarded multiple VA service 
connected disability ratings.  However, the DES compensates an individual only for 
condition(s) which have been determined to disqualify him or her from further military 
service.  The DES has neither the role nor the authority to compensate service 
members for anticipated future severity or potential complications of conditions which 
were incurred or permanently aggravated during their military service; or which did not 
cause or contribute to the termination of their military career.  That role and authority is 
granted by Congress to the Department of Veterans Affairs and executed under a 
different set of laws.

    g.  There is a presumption of regularity in the conduct of governmental affairs which 
is applied in any review of governmental action.   Unless there is substantial credible 
evidence to rebut the presumption, the governmental action is presumed to have been 
administered correctly.  The applicant bears the burden of overcoming this presumption 
through the presentation of substantial and credible evidence to support his issue.  
There is no evidence in the record nor has the applicant produced sufficient evidence to 
support the contention that he was unjustly discharged from the Army.  The applicant's 
statements alone do not overcome the government's presumption of regularity.

    h.  An uncharacterized discharge is given to individuals who separate prior to 
completing 180 days of military service, or when the discharge action was initiated prior 
to 180 days of service.  This type of discharge does not attempt to characterize service 
as good or bad.  

    i.  It is the opinion of the Agency Medical Advisor that neither an upgrade of his 
discharge nor a referral of his case to the Disability Evaluation System is warranted.

BOARD DISCUSSION:

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

1.  The Board carefully considered the applicants request, supporting documents, 
evidence in the records, and published DoD guidance for liberal consideration of 
discharge upgrade requests. The Board considered the applicant's statement and his 
record of service. He enlisted in the U.S. Army Reserve. He entered active duty on 4 
March 1986 and he was discharged on 7 April 1986. Because the period of active 
service was less than 90 days and he did not complete training and was not awarded an 
MOS, he was issued a DD Form 220, not a DD Form 214, that captured his active 
service. Additionally, because he did not complete training and was not awarded an 
MOS, his service is correctly listed as uncharacterized on his discharge orders. For that 
reason, Board members voted to deny this portion of his request.  

2.  Board members noted that there are no medical documentation submitted with his 
application. Because of his brief active service, Board members felt it is likely he 
entered training with a pre-existing condition which was not compatible with military 
service. Additionally, he was awarded VA service connected disability ratings. However, 
the disability evaluation system compensates an individual only for condition(s) which 
have been determined to disqualify him or her from further military service. The 
disability system does not compensate members for anticipated future severity or 
potential complications of conditions which were incurred or permanently aggravated 
during their military service; or which did not cause or contribute to the termination of 
their military career. That function rests with the VA. There is no evidence in the record 
nor has the applicant produced sufficient evidence to support the contention that he was 
found unfit for an injury or illness that occurred on active duty or permanently 
aggravated by his military service. For that reason, the Board also voted to deny this 
portion of his 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, 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.  Title 10, USC, 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 DOD Directive 1332.18 and Army Regulation 635-40 
(Physical Evaluation for Retention, Retirement, or Separation).

	a.  Soldiers are referred to the disability system when they no longer meet medical 
retention standards in accordance with Army Regulation 40-501 (Standards of Medical 
Fitness), chapter 3, as evidenced in an MEB; when they receive a permanent medical 
profile rating of 3 or 4 in any factor and are referred by an MOS Medical Retention 
Board; and/or they are command-referred for a fitness-for-duty medical examination.

	b.  The disability evaluation assessment process involves two distinct stages: the 
MEB and PEB.  The purpose of the MEB is to determine whether the service member's 
injury or illness is severe enough to compromise his/her ability to return to full duty 
based on the job specialty designation of the branch of service. A PEB is an 
administrative body possessing the authority to determine whether or not a service 
member is fit for duty.  A designation of "unfit for duty" is required before an individual 
can be separated from the military because of an injury or medical condition.  Service 
members who are determined to be unfit for duty due to disability either are separated 
from the military or are permanently retired, depending on the severity of the disability 
and length of military service.  Individuals who are "separated" receive a one-time 
severance payment, while veterans who retire based upon disability receive monthly 
military retired pay and have access to all other benefits afforded to military retirees.

	c.  The mere presence of a medical impairment does not in and of itself justify a 
finding of unfitness.  In each case, it is necessary to compare the nature and degree of 
physical disability present with the requirements of the duties the Soldier may 
reasonably be expected to perform because of his or her office, grade, rank, or rating.  
Reasonable performance of the preponderance of duties will invariably result in a 
finding of fitness for continued duty.  A Soldier is physically unfit when a medical 
impairment prevents reasonable performance of the duties required of the Soldier's 
office, grade, rank, or rating.

3.  Title 38 USC, section 1110 (General - Basic Entitlement) states for disability resulting 
from personal injury suffered or disease contracted in line of duty, or for aggravation of 
a preexisting injury suffered or disease contracted in line of duty, in the active military, 
naval, or air service, during a period of war, the United States will pay to any veteran 
thus disabled and who was discharged or released under conditions other than 
dishonorable from the period of service in which said injury or disease was incurred, or 
preexisting injury or disease was aggravated, compensation as provided in this 
subchapter, but no compensation shall be paid if the disability is a result of the veteran's 
own willful misconduct or abuse of alcohol or drugs.

4.  Title 38 USC, section 1131 (Peacetime Disability Compensation - Basic Entitlement) 
states for disability resulting from personal injury suffered or disease contracted in line 
of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of 
duty, in the active military, naval, or air service, during other than a period of war, the 
United States will pay to any veteran thus disabled and who was discharged or released 
under conditions other than dishonorable from the period of service in which said injury 
or disease was incurred, or preexisting injury or disease was aggravated, compensation 
as provided in this subchapter, but no compensation shall be paid if the disability is a 
result of the veteran's own willful misconduct or abuse of alcohol or drugs.

5.  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).  The Department of 
Veterans Affairs Schedule for Rating Disabilities (VASRD).  VASRD 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.

6.  Army Regulation 635-5 (Personnel Separation – Separation Documents) in effect at 
the time stated the DD Form 214 is a summary of a Soldier's most recent period of 
continuous active duty service.  It provides a brief, clear-cut record of active duty service 
at the time of release from active duty, retirement, or discharge.  For Soldiers of the 
Reserve Component, a DD Form 214 is issued after completing IADT which resulted in 
the award of a military occupational specialty even if the active duty was for less than 90 
days.

7.  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.  Once a determination of physical 
unfitness is made, all disabilities are rated using the Department of Veterans Affairs 
Schedule for Rating Disabilities (VASRD).

	a.  Paragraph 3-2 states disability compensation is not an entitlement acquired by 
reason of service-incurred illness or injury; rather, it is provided to Soldiers whose 
service is interrupted and who can no longer continue to reasonably perform because of 
a physical disability incurred or aggravated in military service.

	b.  Paragraph 3-4 states Soldiers who sustain or aggravate physically-unfitting 
disabilities must meet the following line-of-duty criteria to be eligible to receive 
retirement and severance pay benefits:

		(1)  The disability must have been incurred or aggravated while the Soldier was 
entitled to basic pay or as the proximate cause of performing active duty or inactive duty 
training.

		(2)  The disability must not have resulted from the Soldier's intentional 
misconduct or willful neglect and must not have been incurred during a period of 
unauthorized absence.

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

	a.  Paragraph 3-7 states only the honorable characterization may be awarded a 
member upon completion of his or her period of enlistment or period for, which called or 
ordered to AD or ADT, or where required under specific reasons for separation, unless 
an entry- level status separation (uncharacterized) is warranted.  

	b.  Paragraph 3-9 (Uncharacterized separations) states a separation will be 
described as an entry level separation if processing is initiated while a member is in 
entry level status.  
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210013546


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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