IN THE CASE OF BOARD DATE: 4 March 2022 DOCKET NUMBER: AR20210014034 APPLICANT REQUESTS: The applicant requests, in effect, to change his character of service from uncharacterized to honorable. 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. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 his discharge status should be correctly classified as an honorable discharge due to medical conditions. Upon his discharge, he was informed that after 6 months it would be updated automatically to a medical discharge. He recently requested a copy of his DD Form 214 in February 2021 and found there had been no update. Medical records are available demonstrating the reason for discharge. 3. On 16 December 1999, a medical examination shows the applicant qualified for enlistment. He enlisted in the Regular Army for a period of 4 years on 28 January 2000. He did not complete training requirements; therefore, he was not awarded a military occupational specialty (MOS). 4. On 29 March 2000, U.S. Army Field Artillery School and Fort Sill, issued Orders discharging him on 3 April 2000. 5. The applicant’s record did not contain a complete discharge packet; nevertheless, a DD Form 214 that he signed for shows he entered active duty this period on 28 January 2000 and he was discharged on 3 April 2000 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, for “failure to meet procurement medical fitness standards”, with an “uncharacterized” character of service. He had completed 2 months and 6 days of net active service during this period. The applicant was not awarded an MOS. 6. The U. S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant requests a change in discharge. Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable. 7. 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 Army Board for Correction of Military Records (ABCMR). In pertinent part, it states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The ABCMR will decide cases based on the evidence of record. It is not an investigative agency. 8. Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-11 establishes policy and prescribes procedures for separating members who did not meet procurement medical fitness standards. It specifies that Soldiers who are 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 for Training for initial entry training, will be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the soldier’s initial entrance on Active Duty for Regular Army. Characterization of service of uncharacterized is awarded if a Soldier is in an entry-level status. 9. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The Board can consider the applicant's petition, service record, and statements in light of the published guidance on equity, injustice, or clemency. 10. MEDICAL REVIEW: The Army Review Board Agency (ARBA) Medical Advisor reviewed the the application and supporting documents in the VA's Joint Legacy Viewer (JLV). There were no records in the Interactive Personnel Electronic Records Management System (iPERMS), the Armed Forces Health Longitudinal Technology Application (AHLTA), or in the Health Artifacts Image Management Solutions (HAIMS). The applicant stated his discharge record should reflect that he was discharged for medical condition(s). He also stated that he was told that his discharged would automatically be upgraded to medical discharge after 6 months. a. Records (1) 07Dec1999 He disclosed experimental use of marijuana from 19991101 to 19991101 in his military entrance paperwork. (2) 16Dec1999 Report of Medical Exam (for enlistment) showed a laceration scar below left patella; and Moderate Asymptomatic Pes Planus. The physical profile was PULHES 111111. He was deemed qualified for service. (3) 29Mar2000 ORDERS 089-0118 showed date of discharge 03Apr2000. (4) 30Mar2000 Preseparation Counseling Checklist indicated that he was a training separatee with an uncharacterized discharge. (5) There were no VA treatment notes found in JLV. JLV did contain Community Health records. JLV search revealed that nineteen years after discharge, the applicant was seen 04Mar2019 Kaiser Permanente Georgia, for Generalized Anxiety Disorder for medical management. He reported working in security. He had been with the current security company, Blackstone Consulting, for about five years. His job performance was good. The note did not discuss military history except that he had been in military service. The following diagnoses and dates were annotated: Sciatica, Left Side (17Sep2015); Low Back Pain (17Sep2015); Intermittent Asthma (11Feb2015); Obesity, BMI 30-34.9, (15Dec2014); and Generalized Anxiety Disorder (29Jan2013). b. The DD Form 214 showed that he was discharged under provisions of AR 635- 200, para 5-11 for failure to meet procurement medical fitness standards. Separation code was JFW (erroneous enlistment, medical condition disqualifying for military service, with no medical waiver approved); and reentry code was 3 (not qualified, but condition was waiverable). The character of his service was Uncharacterized. Search through medical records did not reveal the medical condition for which he failed to meet procurement standards. In addition, records that were available for review, were insufficient to support that the applicant had medical condition(s) which failed retention standards of AR 40-501 chapter 3. His time in service was consistent with uncharacterized designation. Recommendation: No change. ? 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 applicant’s contentions, the military record, a medical review, and regulatory guidance were carefully considered. 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. As such, his DD Form 214 properly shows his service as uncharacterized. 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 his or her 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, 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 Army Board for Correction of Military Records (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 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 Army Board for Correction of Military Records (ABCMR). In pertinent part, it states that 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. The ABCMR will decide cases based on the evidence of record. It is not an investigative agency. 3. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-11 establishes policy and prescribes procedures for separating members who did not meet procurement medical fitness standards. It specifies that Soldiers who are 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 for Training for initial entry training, will be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the soldier’s initial entrance on Active Duty for Regular Army. Characterization of service of uncharacterized is awarded if a Soldier is in an entry-level status. 4. 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. a. 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. b. 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. 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) AR20210014034 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1