IN THE CASE OF: BOARD DATE: 27 April 2022 DOCKET NUMBER: AR20210017095 APPLICANT REQUESTS: An upgrade of his characterization of service from uncharacterized to fully honorable and change his narrative reason for separation from, “did not meet procurement medical fitness standards-no disability” to “medical discharge under medical conditions.” 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 (BCMR) 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. After sustaining an operable knee injury during basic training, he was given the choice of having the knee fixed, then restarting basic training, and choosing a non- combat military occupational specialty (MOS), or opting for a “medical discharge under medical conditions.” Being that he enlisted specifically to join the Special Forces Sniper Group, he chose the discharge. His current DD Form 214 does not reflect this, it suggests that he was discharged against his will, or for failure to meet Army standards. He respectfully requests the above two items on his DD Form 214 be corrected. He is seeking no benefits or disability of any kind, just the corrections. 3. On 13 January 1989, he enlisted in the Regular Army (RA) for 4 years and on 21 January 1989, he was assigned to Fort Jackson, SC, for completion of basic training. 4. Entrance Physical Standards Board (EPSBD) Proceedings, dated 9 February 1989, show in: a. History of EPTS Condition: Patient is an 18 year old white male with history of an injury to the left knee when hit with a bat. He twisted the knee about 1½ months before coming to Fort Jackson. b. Subjective Findings: Patient complains of pain with walking, running, and marching. c. Objective Findings: Examination of the left knee revealed active range of motion and no effusion. There was retropatella pain with palpation of the medial facet of the patella. d. Laboratory and X-ray Results: X-ray of the left knee revealed lucent defect medial 50% of the left medial femoral condyle. Sunrise view showed prominent piece of bone protruding up from the medial-femoral condyle. e. Diagnosis: Osteochrondral defect left medial femoral condyle. f. Recommendation: That this Soldier be separated from the U.S. Army for failure to meet medical procurement standards in accordance with (IAW) chapter 2, paragraph 2-11j, AR 40-501. EPTS: Yes. Service aggravated: No. Soldier does meet medical retention standards IAW chapter 3, AR 40-501. g. P U L H E S, No running, squatting, crawling, stair climbing, or marching. 1 1 3 1 1 1 h. On 9 February 1989, the EPSBD findings were approved. i. On 10 February 1989, he concurred with these proceedings and requested discharge without delay. j. On 14 February 1989, the separation authority directed his discharge. k. On 23 February 1989, the applicant declined a separation physical examination. 5. . On 23 February 1989, the applicant was discharged under Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11 (Did Not Meet Procurement Medical Fitness Standards-No Disability) with uncharacterized service. His DD Form 214 shows he completed 1 month and 11 days of net active service. The DD Form 214 also shows in: * Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or Authorized: “None” * Character of Service: “Uncharacterized” * Separation Authority: AR 635-200, Paragraph 5-11 * Narrative Reason for Separation: “Did Not Meet Procurement Medical Fitness Standards-No Disability” * Separation Code: “JFT” * Reenlistment Code: “RE-3” 6. Army Regulation, in effect at the time, stated commanders were to separate Soldiers who were not medically qualified under procurement medical fitness standards when they enlisted. EPSBD proceedings were required to be convened within the Soldier's first 6 months of active service, and had to establish the following: that medical authority had identified the disqualifying medical condition(s) within 6 months of the Soldier's initial entry on active duty; that the condition(s) would have permanently disqualified the Soldier from entry into military service, had they 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. a. 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. b. The evidence shows he received an uncharacterized character of service because he was separated while in an entry level status (within 180 days of date entered on active duty). c. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated. In reaching its determination, the Board can consider the applicant's petition, his service record, and his statements in light of the published guidance on equity, injustice, or clemency. 7. 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 “JFT” is the appropriate code to assign to Soldiers separated under the provisions of AR 635-200, paragraph 5-11, by reason of “Did Not Meet Procurement Medical Fitness Standards-No Disability.” 8. The SPD/RE Code Cross Reference Table stipulates the RE code “3” was to be assigned to members separated with the SPD code of “JFT.” 9. The applicant contends after sustaining an operable knee injury during basic training, he was given the choice of having the knee fixed, then restarting basic training, and choosing a non-combat military occupational specialty (MOS), or opting for a “medical discharge under medical conditions.” He enlisted specifically to join the Special Forces Sniper Group, therefore, he chose the discharge. His current DD Form 214 does not reflect this, it suggests that he was discharged against his will, or for failure to meet Army standards. He respectfully requests the above two items on his DD Form 214 be corrected. He is seeking no benefits or disability of any kind, just the corrections. 10. Prior to the applicant’s discharge, an EPSBD determined he was not medically qualified under procurement medical fitness standards when he enlisted. His service is uncharacterized because he was discharged prior to completing 180 days of active service. His narrative reason for separation is based on his SPD code. There is no provision that allows a narrative reason of “medical discharge under medical conditions.” 11. In reaching its determination, the Board can consider the applicant's petition, service record, and statements in light of the published guidance on equity, injustice, or clemency. 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. Soldiers are authorized and honorable discharge while in entry-level status only if they complete their active-duty schooling and earn their MOS. Upon review of the applicant’s petition and available military records, the Board determined the did not complete training was released from active duty due to not meeting procurement medical fitness standards-no disability”. Evidence show he completed 1 month and 11 days of net active service. As such, his DD Form 214 properly shows the appropriate narrative reason and his character of service as uncharacterized. Therefore, the Board denied relief. 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. ADMINISTRATIVE NOTE(S): NA 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 “JFT” is the appropriate code to assign Soldiers separated under the provisions of AR 635-200, paragraph 5-11, by reason of “did not meet procurement medical fitness standards-no disability.” 3. The SPD/RE Code Cross Reference Table stipulates that RE code “3” would be assigned to members separated with the SPD code of “JFT.” 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. 3. AR 635-40, in effect at the time, governed the evaluation for physical fitness of Soldiers would 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. 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. 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) AR20210017095 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1