IN THE CASE OF: BOARD DATE: 25 January 2022 DOCKET NUMBER: AR20210013013 APPLICANT REQUESTS: in effect, reconsideration of her previous request for an upgrade of her characterization of service from uncharacterized to fully honorable and change her narrative reason for separation from “Failure to Meet Procurement Medical Fitness Standards” to show she was discharged due to medical reasons. 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. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120008630 on 8 November 2012. 2. The applicant states she was honorably medically discharged and she wants her DD Form 214 corrected to show she was medically discharged. 3. On 22 June 1995, she enlisted in the U.S. Army Reserve (USAR) for 8 years and on 11 July 1995, she reported to Fort Leonard Wood, MO, for 9 weeks of active duty training (ADT). She was not awarded a military occupational specialty (MOS). 4. Entrance Physical Standards Board (EPSBD) Proceedings, dated 21 August 1995, show that after careful consideration of medical records, laboratory findings, and medical examination, the board found that the service member was medically unfit for appointment or enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the condition(s) existed prior to service (EPTS). On 25 August 1995, the findings were approved. On 30 August 1995, she concurred with these proceedings and requested discharge without delay. On 1 September 1995, the separation authority directed her discharge. 5. On 8 September 1995, the applicant was discharged under Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11 (Failure to Meet Procurement Medical Fitness Standards) with uncharacterized service. Her DD Form 214 shows she completed 1 month and 28 days of net active service. The DD Form 214 also shows in: * Character of Service: “Uncharacterized” * Separation Authority: AR 635-200, Paragraph 5-11 * Narrative Reason for Separation: “Failure to Meet Procurement Medical Fitness Standards” * Separation Code: “JFW” * Reentry Code: “RE-3” 6. On 8 November 2012, the Board denied her request after it found insufficient evidence in the record or provided by the applicant to support a medical discharge. 7. AR 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provides 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 or active duty training or initial entry training will be separated. Such conditions must be discovered during the first 6 months of active duty and will result in an EPSBD. The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry level status. On a case-by-case basis, Headquarters, Department of the Army could direct the issuance of an honorable character of service when clearly warranted by unusual circumstances involving personal conduct and/or duty performance. 8. 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 ARBA Medical Advisor made the following findings and recommendations: a. The applicant is applying to the ABCMR requesting an upgrade of her uncharacterized discharge and, in essence, a referral to the Disability Evaluation System (DES). She states: “I went into atrial fibrillation with my heart in the field and was honorably medically discharged. Would like my 214 to be changed to medical.” b. The applicant annotated on her pre-entrance Report on Medical History that she had failed an Army enlistment physical in 1991 for a “medical reason.” The provider noted this as a single episode of chest pain, that it was evaluated, was found to be heartburn, and that she had had no problems since that time. As described, this would not have been a cause for rejection of enlistment under paragraph 2-3, Abdominal organs and gastrointestinal system, or paragraph 2-18, Heart, of AR 50-501, Standards of Medical Fitness (15 May 1989). c. On the accompanying Report of Medical Examination, the examining provider initially marked she was not qualified for enlistment and then changed it to qualified. d. The applicant was referred to an EPSBD in accordance with paragraph 5-11 of AR 635-200 for complaints of heart palpations and dizziness. e. EPSBDs are convened in accordance with paragraph 7-12 of AR 40-400, Patient Administration. This process is for enlisted Soldiers who within their first 6 months of active service are found to have a preexisting condition which does not meet the enlistment standard in chapter 2 of AR 40-501, Standards of Medical Fitness, but does meet the chapter 3 retention standard of the same regulation. The fourth criterion for this process is that the preexisting condition was not permanently service aggravated. f. The EPSBD noted on 21 August 1995: (1) HISTORY OF PRESENT ILLNESS: This is a 23-year-old female in her sixth week of BCT. Since entering BCT, she has noted dizziness and palpitations towards the end of her PT runs. She has been unable to complete her runs in the allotted time. On 18 August 95, she was in the prone position with her rifle when she began feeling nauseated and dizzy. She stood up and noted palpitations, skipping heart beats and shortness of breath ... EKG revealed a sinus tachycardia of 101 ... About two years ago, she had a similar episode of palpitations which was attributed to food poisoning. Prior to entering the service, she did not run ... (2) On 21 August 95, she had a Bruce treadmill stress test. During the test, she periodically noted palpitations, however, no arrhythmias were seen. She ran 12 minutes and 27 seconds, but was unable to reach her maximum predicted heart rate because of dizziness. Her symptoms during the treadmill were similar to the symptoms she experiences during the PT runs. (3) DIAGNOSIS: Palpitations and dizziness. (4) RECOMMENDATION: Patient's palpitations and dizziness prevent her from safely completing basic training. Since no arrhythmias were seen when she was experiencing palpitations, her symptoms may be due to hyperventilation. The soldier should be separated from the service … for this EPTS condition. She will be given a temporary profile to suspend training pending discharge. g. On 29 August 1995, the EPSBD recommended the applicant be discharged from the service. The applicant concurred the EPSBD’s findings on 30 August 1995, marking the election “I concur with these proceedings and request to be discharged for the US Army without delay.” h. In the absence of error or injustice, it is the opinion of the ARBA Medical Advisor that neither an upgrade of her discharge nor a referral of her case to the DES is warranted. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board concurred with the conclusion of the ARBA Medical Advisor that the applicant's discharge for failure to meet procurement medical fitness standards was fully supported by the medical findings made by the EPSBD. Her service was uncharacterized as required by the governing regulation because she was still in an entry-level status at the time of her separation. Based on a preponderance of evidence, the Board determined the applicant's uncharacterized discharge and the reason for her discharge were not in error or unjust. 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120008630, dated 8 November 2012. 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 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. AR 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code "JFW" is the appropriate code to assign Soldiers separated under the provisions of AR 635-200, paragraph 5-11, by reason of "failure to meet procurement medical fitness standards." 3. The SPD/RE Code Cross Reference Table stipulates that RE code "3" would be assigned to members separated with the SPD code of "JFW." 4. AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Table 3-1 includes a list of the RA RE codes: a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met. b. RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. They are ineligible unless a waiver is granted. 5. AR 635-200, in effect at the time, prescribed policies and procedures for enlisted administrative separations. a. An honorable discharge was a separation with honor. The honorable characterization was appropriate when the quality of the Soldier's service generally met the standards of acceptable conduct and duty performance. b. A general discharge was a separation from the Army under honorable conditions. When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. An uncharacterized separation stated that Soldiers separated in an entry-level status would receive an uncharacterized character of service. A separation is an entry level status separation if its processing is initiated during the Soldier's first 180 days of continuous active service. The Secretary of the Army could, on a case-by-case basis, issue an honorable character of service to entry-level Soldiers when clearly warranted by unusual circumstances involving personal conduct or duty performance. d. Paragraph 5-11 specifically provided that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment were to be separated. EPSBD proceedings were required to be convened within the Soldier's first 6 months of active duty service, and had to establish the following: that medical authority identified the disqualifying medical condition(s) within 6 months of the Soldier's initial entrance on active duty; that the condition(s) would have permanently disqualified the Soldier from entry into military service, had it been detected earlier; and that the medical condition did not disqualify him/her for retention in military service. A Soldier disqualified under this provision could request retention on active duty; the separation authority made the final determination. 6. AR 635-40, in effect at the time, governed the evaluation for physical fitness of Soldiers who might be unfit to perform their military duties due to a disability. It states the mere presence of an impairment did not, of itself, justify a finding of unfitness due to physical disability. In each case, it was necessary to compare the nature and degree of the physical disability with the duty requirements of the Soldier, based on his or her office, grade, rank, or rating; and a Soldier was presumed to be in sound physical and mental condition upon entering active duty. 7. 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. a. 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 on the basis of 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. b. 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) AR20210013013 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1