IN THE CASE OF: BOARD DATE: 22 November 2021 DOCKET NUMBER: AR20210011376 APPLICANT REQUESTS: change his discharge from uncharacterized to honorable and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 18 April 2000 to show: * Block 18 (Remarks) replace “Release from Active Duty for Training (ADT) and Discharged from the Reserve of the Army and Return to Army National Guard” with the entry “Service Connected injury” * Block 24 (Character of Service): Honorable instead of Uncharacterized discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant Statement * DD Form 214 (Certificate of Release or Discharge from Active Duty) * NGB Form 22 (Report of Separation and Record of Service) * Department of Veterans Affairs 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 did not do anything to disgrace the Army. This should be changed because he has been fighting for years on this issue and this has hindered him personally and professionally. Now he had adequate proof that shows whey this should be changed. 3. The applicant provides: a. A self-authored letter, states “Service Connected injury” is listed on his Department of DVA letter. b. NGB Form 22 that shows he was discharged from the NJARNG on 18 April 2000 as a result of discharge from the Reserve of the Army. His NGB Form 22 shows he completed 5 months and 21 days’ net service this period. His character of service was uncharacterized. c. Department of Veteran Affairs Benefits letter, dated 9 December 2020, states he is a veteran and that he was discharged from the U. S. Armed Forces having served in the Army from 21 January 2000 with an honorable discharge on 18 April 2000. He had a service connected disability with a combined service connected evaluation of 10%, as of 1 December 2020. 4. Review of the applicant's service records shows: a. He enlisted in the New Jersey Army National Guard (NJARNG) on 28 October 1999. He entered active duty for training (ADT) on 21 January 2000 as a member of the Army National Guard. b. He did not complete training; however, the complete facts and circumstances surrounding his separation are not available for review. c. His DD Form 214 shows he was released from ADT on 18 April 2000, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations), paragraph 5-11, did not meet procurement medical fitness standards. He completed 2 months and 28 days of active service. His DD Form 214 shows in: * Block 18 (Remarks) Release from ADT and Discharge from the Reserve of the Army and Return to ARNG * Block 24 (Character of Service)-Uncharacterized * Block 28 (Narrative Reason for Separation) Failure to Meet Procurement Medical Fitness Standards d. He was also discharged from the ARNG on 18 April 2000. His NGB Form 22 shows he was discharged from the NJARNG on 18 April 2000 as a result of discharge from the Reserve of the Army. His NGB Form 22 shows he completed 5 months and 21 days of ARNG service this period. His ARNG character of service is also uncharacterized. e. There is no indication he has petitioned the Army Discharge Review Board for review of his separation. 5. By regulation, (AR) 635-200, 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 AD or ADT for initial entry training, may be separated. Such conditions must be discovered during the first 6 months of AD. Such findings will result in an entrance physical standards board. This board, which must be convened within the Soldier’s first 6 months of active duty. 6. By regulation, (AR) 635-5 (Separation Documents), chapter 2 contains guidance on the preparation of the DD Form 214 and states that: * Block 18 (Remarks) enter mandatory and/or additional remarks * Block 24(Character of Service)-characterization or description of service is determined by directives authorizing separation. Proper completion of this block is vital since it affects the Soldier’s eligibility for Post service benefits 7. Service-connection is a term that is used by the VA and means that a veteran’s medical condition was directly caused by military service, occurred while in the military (but not necessarily on duty, for example a car accident at night), was aggravated by military service, or was caused by conditions that are themselves service-connected. 8. In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. 9. 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 a change in character of discharge. In support of his claim, he presented communication from the Department of Veteran Affairs dated 09Dec2020, that indicated the VA recognizes his character of service as “Honorable”. He was service connected by the VA at 10%. a. 24Jul2008 Foot Conditions C&P exam. (1) The C&P examiner provided the following historical information for the foot condition in his note: The 28Oct1999 exam showed Moderate Pes Planus. In March 2000, he had bilateral foot pain in the plantar arch. In 2002 an exam showed Pes Planus. 04Nov2004 medical record from Dr. indicated that flat feet were present for the past 3 years, he was diagnosed with Bilateral Pes Planus; he had pain in both limbs; and equinus (upward bending motion of the ankle joint is limited). (2) The applicant reported to the Foot Conditions C&P examiner, that his foot pain began in basic training during physical training. He stated that he had no treatment for the condition while in-service. He went to a private doctor who prescribed orthotics, but these made his feet hurt more. The pain was in the arch. Diagnosis: Pes Planus. (3) The left foot film showed mild degenerative changes in the first metatarsal phalangeal joint with associated joint space narrowing and sclerosis; and pes planus. The right foot film was unremarkable and showed no pes planus. b. JLV search showed that the applicant was service connected by the VA for Limited Flexion of Knee at 10%. The record did not contain the Entrance Physical Standards Board (EPSBD) Proceedings. The 28Oct1999 exam, presumably the entrance exam, reportedly showed Moderate Pes Planus. He reportedly had pain in his arch from flat feet in March 2000; but JLV records did not show a rating for a foot condition. His rating is for a knee condition. No in-service treatment records were found, to include any records concerning knee injury/pain. Based on records that were available for review, medical evidence was insufficient to address the applicant’s claim for an in-service injury. Accordingly, evidence was insufficient to support that the applicant had a condition which failed medical retention standards. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The applicant’s contentions, military record, medical review, and regulatory guidance were carefully considered. The Board concurred with the medical review finding insufficient medical evidence to support that the applicant’s claim of an in-service injury and subsequently, that he had a condition that failed medical retention standards. 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. 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 the 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, 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. Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. Chapter 3 of that regulation describes the different types of characterization of service. a. An uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. b. 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. c. 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 AD or ADT for initial entry training, may be separated. Such conditions must be discovered during the first 6 months of AD. Such findings will result in an entrance physical standards board. This board, which must be convened within the Soldier’s first 6 months of AD, takes the place of the notification procedure (para 2–2) required for separation under this chapter. d. The Army considers a separation an entry-level separation if processing is initiated while a member is in an entry-level status. During the first 180 days of continuous active military service, a member's service is under review. The entry-level separation is given regardless of the reason for separation. 3. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, set forth the policies for the disposition of Soldiers found unfit because of physical disability to reasonably perform the duties of his/her office, grade, rank, or rating. Chapter 5, 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 AD or ADT for initial entry training, may be separated. 4. AR 635-5 (Separation Documents) prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for the preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The information entered thereon reflects the conditions as they existed at the time of separation. It states for: a. Block 18 (Remarks) self-explanatory. b. Block 24 (Character of Service)-characterization or description of service is determined by directives authorizing separation. Proper completion of this block is vital since it affects the Soldier’s eligibility for Post service benefits. 5. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011376 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1