IN THE CASE OF: BOARD DATE: 16 February 2022 DOCKET NUMBER: AR20210008883 APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the character of her service as honorable instead of uncharacterized. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs (VA) summary of benefits 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 she was discharged due to not meeting the physical and medical requirements. She is now 80% disable due to service related injuries and she now believes that her discharge should be upgraded to honorable. She would also like to attend school to get her life on track but due to her discharge status, she is unable to use the GI Bill. 3. The applicant enlisted in the Regular Army on 4 April 2016. 4. On 22 April 2016, an Entrance Physical Standards Board (EPSBD) found the applicant medically unfit for enlistment in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 2, due to a diagnosis of anemia, unspecified. 5. On 27 April 2016, the applicant was informed of the medical findings. She acknowledged she understood that legal advice of an attorney employed by the Army was available to her or that she could consult civilian counsel at her own expense. She also acknowledged she understood that she could request to be discharged without delay or to request retention on active duty. If retained, she could be involuntarily reclassified into another military occupational specialty based upon her medical condition. She concurred with the proceedings and requested to be discharged from the U.S. Army without delay. 6. On 22 April 2016, the applicant's unit commander recommended her separation from the Army. On 28 April 2016, the separation authority approved the recommendation and directed her discharge from the Army. 7. The applicant's DD Form 214 shows she was discharged on 6 May 2016 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11, by reason of "failed medical/physical/ procurement standards." The DD Form 214 also shows she completed 1 month and 2 days of active service and a character of service of uncharacterized. 8. The applicant provided a VA summary of benefits showing she was granted service- connected disability compensation with a disability rating of 80%. 9. 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. 10. Title 38, USC, 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. 11. 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. 12. MEDICAL REVIEW: The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant's records in the Interactive Personnel Electronic Records Management System (iPERMS), the Armed Forces Health Longitudinal Technology Application (AHLTA), the Health Artifacts Image Management Solutions (HAIMS) and the VA's Joint Legacy Viewer (JLV). The applicant requests for discharge review of her separation from service. VA letter dated 10Apr2021 showed she was total combined service connected at 80%. a. 25Feb2016 Report of Medical History (for enlistment) she endorsed good health. She divulged a history of severe tooth or gum trouble (wisdom teeth were removed age 20). For menstrual history, of note, she started menses age 9, and had a monthly 5 day cycle without dysmenorrhea (painful menstruation). The Report of Medical Exam (DD Form 2808) revealed the following: Mild Asymptomatic Flexible Pes Planus; Hallux Valgus (right more than left); Inverted Nipples; Mild Facial Acne. The following were listed on SF 507 and were to be reported on DD Form 2808: Birthmark (leg), scars (burns), and earlobe and umbilical piercings. She was also advised of a risk of syncope, but the reason why was not clarified. The ARBA reviewer suspects it was because a hemoglobin was drawn and it was likely noted to be quite low. The hemoglobin result was not recorded on DD Form 2808. b. The 22Apr2016 Entrance Physical Standards Board Proceedings indicated that she was in week 3 of BCT at the time. She was having fatigue and shortness of breath with high impact training. Her hemoglobin was 10.9 and she reportedly had a history of heavy periods prior to service. The anemia condition had not yet improved with treatment of vitamin and iron supplements. Her physical exam showed no abnormalities. Labs also showed low hematocrit and multiple abnormal white blood cell indices. Diagnosis: Anemia, Unspecified. She was recommended to be separated from service for failure to meet medical procurement standards in accordance with AR 40- 501 chapter 2-4a under provisions of AR 635-200, para 5-11. The applicant concurred with the Board proceedings and selected that she requested to be discharged without delay. Command also recommended discharge. c. JLV search showed that the applicant was total combined service connected by the VA at 80% for the following: Chronic Adjustment Disorder (70%); Iron Deficiency Anemia (30%); Limited Flexion of Thigh (10%); Limited Flexion of Knee (10%); Limited Extension of Thigh (0%); and Thigh Condition (0%). (1) 14Apr2016 TMC Ambulatory. She was diagnosed and treated for a urinary tract infection (UTI), and upper respiratory infection (URI). She was also feeling depressed. She denied suicide ideation. She was diagnosed with Adjustment Disorder and was referred to BH services. The following labs were drawn: Wbc (white blood cell), elevated at 15.27 (4.0-10.5); hemoglobin, decreased at 10.6 (12.0-15.0); as well as MCV (mean corpuscular volume), decreased at 63.50 (78- 100). Diagnoses: Anemia, URI and UTI. (2) 18Apr2016 Providence Hospitals. She presented after fainting after completing a 15k road march. (3) 20Apr2016 TMC Ambulatory. The applicant came in for follow up for Anemia and the UTI. She also reported 5/10 pain in her legs and chest. No injury was reported. There were no other visits for the leg or chest pain in AHLTA. d. 03May2016 Orders indicated the date of discharge for the applicant was 06May2016. It was also noted that the 11May2016 Enlisted Record Brief showed PULHES 111111 with last physical exam 25Feb2016. Review of the applicant’s labs, showed anemia more consistent with longstanding existence rather than acute anemia. The Anemia condition did exist prior to service. The discharge, completed under provisions of AR 635-200, para 5-11 for failed medical/physical/procurement standards, appeared to be appropriate. Based on records available for review, evidence was insufficient to support that the applicant had conditions (to include the Anemia condition) which failed medical retention standards in accordance with AR 40-501 chapter 3. 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 Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. 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. Upon review of the applicant’s petition, available military records and the medical review, the Board concurred with the medical opinion finding insufficient evidence to support that the applicant had conditions (to include the Anemia condition) which failed medical retention standards. The Board noted that in February 2106, the applicant noted she had good health. In April 2016, her physical exam showed no abnormalities. Labs also showed low hematocrit and multiple abnormal white blood cell indices. Diagnosis: Anemia. The applicant concurred with the Board proceedings and selected that she requested to be discharged without delay. Based on this, the Board denied relief to show the character of her service as honorable instead of uncharacterized. 2. An uncharacterized discharge is not derogatory; it is recorded when a Soldier has not completed more than 180 days of creditable continuous active duty prior to initiation of separation. It merely means the Soldier has not served on active duty 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. REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within three 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. 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 (Physical Evaluation for Retention, Retirement, or Separation). 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. a. Soldiers are referred to the disability system when they no longer meet medical retention standards in accordance with Army Regulation 40-501, chapter 3, as evidenced in a medical evaluation board (MEB); when they receive a permanent physical profile rating of "3" or "4" in any functional capacity factor and are referred by a Military Occupational Specialty 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 physical evaluation board (PEB). The purpose of the MEB is to determine whether the service member's injury or illness is severe enough to compromise his or 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 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 are either 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 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 medical impairment prevents reasonable performance of the duties required of the Soldier's office, grade, rank, or rating. d. 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. e. 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. 4. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent. Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating of less than 30 percent. 5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The regulation in effect at the time states in: a. Paragraph 3-9, a separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry-level status, except when: (1) An under other than honorable conditions characterization is authorized under the reason for separation and is warranted by the circumstances of the case; (2) Headquarters, Department of the Army, on a case by case basis, determined a 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, for convenience of the government, and under Secretarial plenary authority; or (3) The Soldier has less than 181 days of continuous active military service, has completed initial entry training, has been awarded a military occupational specialty, and has reported for duty at a follow-on unit of assignment. b. Paragraph 5-11, 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 training for initial entry training, may be separated. Such conditions must be discovered during the first 6 months of active duty. Such findings will result in an EPSBD. This board must be convened within the Soldier’s first 6 months of active duty. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by an appropriate military medical authority within 6 months of the Soldier’s initial entrance on active duty for Regular Army Soldiers that: (1) Would have permanently or temporarily disqualified the Soldier for entry into the military service or entry on active duty or active duty training for initial entry training had it been detected at that time. (2) Does not disqualify the Soldier for retention in the military service per Army Regulation 40-501, chapter 3. (3) A Soldier being separated under this provision will be awarded a character of service of uncharacterized if in an entry-level status. c. Section II (Terms), for Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty. 6. Title 38, U.S. Code, 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. 7. Title 38, U.S. Code, 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008883 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1