IN THE CASE OF: BOARD DATE: 19 April 2022 DOCKET NUMBER: AR20210017460 APPLICANT REQUESTS: his uncharacterized discharge be corrected to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * a partial DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) * 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 (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 is requesting an upgrade from a general discharge to an honorable discharge due to medical reasons in order to obtain medical assistance from the Department of Veterans Affairs (VA). 3. The applicant enlisted in the US Army Reserve (USAR) for 8 years on 22 September 1984 and entered initial active duty for training (IADT) on 7 June 1985. 4. The applicant was afforded an evaluation by the Entrance Physical Standards Board (EPSBD). The DA Form 4707 (EPSBD Proceedings) shows he was evaluated on 19 June 1985 for a history of hypertension, treated with Inderal for the past year. a. The applicant stated if he does not get the Inderal he gets very anxious, excited, tense, a feeling of inner turmoil. He has episodes of dizziness. He was very anxious to be placed back on his Inderal. b. On examination, he was found to be a very anxious male. A review of his chart reveals all blood pressures to be well within normal limits. c. He was diagnosed as having anxiety neurosis and found to be physically disqualified for induction into military service. He was qualified for retention; however, it was recommended that he be separated from the military service under the provision of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11. d. He was also afforded a Permanent P-3 profile with the limitations of no crawling, stooping, running, jumping, marching or standing for long periods; and no mandatory strenuous physical activity. 5. The applicant concurred with the proceedings on 25 July 1985 and requested to be discharged. 6. The separation authority approved the recommendation and directed he be discharged. 7. The applicant was discharged oh 20 July 1985. The DD Form 214 he was issued shows he was discharged in accordance with paragraph 5-11 of Army Regulation (AR) 635-200 (Personnel Separation) by reason of "Did not meet procurement fitness standards - no disability" with an uncharacterized discharge. His DD Form 214 also shows he had 1 month and 24 days of active duty service, he did not complete IADT and was not awarded a military occupational specialty or any awards or decorations. 8. The Board should consider the applicant's statement and his overall military service 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 and 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) due to the age of the case. The applicant requests a discharge upgrade to Honorable characterization of service and medical discharge processing. a. On 22 July 1985, an Entrance Physical Standards Board (EPSBD) reviewed the applicant’s reported history of hypertension that he indicated had been treated with Inderal for the year prior. The medical basis for the condition was not found as chart review at the time apparently revealed only blood pressure readings within normal limits. The applicant was noted to be very anxious. His diagnosis was Anxiety Neurosis. He had a P3 physical profile which prohibited crawling, stooping, running and other activities. In addition, the physical profile prohibited him from mandatory strenuous physical activity. He was determined to be physically disqualified from serving under provisions of AR 40-501 para 2-34a. He was determined to be qualified for medical retention. Separation under provisions of AR 635-200 para 5-11 was recommended. b. There were no in-service records available for review. JLV search showed that there were no VA facility treatment notes and the applicant was not service connected for any disability by the VA. The earliest Community Health treatment record was dated in the year 2021 and showed a problem list with multiple conditions which included PTSD and Essential Hypertension. No past medical history was provided (to include condition onset) in the note. Based on records available for review, medical evidence was insufficient to support a change in the current characterization of service or reason for discharge. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Board members noted that the applicant was determined to be physically disqualified from serving under provisions of AR 40-501 para 2-34a. He was determined to be qualified for medical retention. He was separated on 20 July 1985 by reason of "Did not meet procurement fitness standards - no disability" with an uncharacterized discharge. He completed 1 month and 24 days of active duty service. Since he was discharged within the first 6 months of active duty and since he did not complete IADT and was not awarded a military occupational specialty, his service is properly uncharacterized. Board members found no error or injustice. 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, U.S. Code (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. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides 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. 3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. 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. b. A general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. c. 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) a discharge under other than honorable conditions was authorized, due to the reason for separation and was warranted by the circumstances of the case; or (2) the Secretary of the Army, on a case-by-case basis, determined a characterization of service as honorable was clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization was authorized when the Soldier was separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority. d. Chapter 5 (Separation for Convenience of the Government) states unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. e. Paragraph 5-11 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, active duty for training, or initial entry training would be separated. Medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into military service had it been detected at that time, and the medical condition did not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness). f. The character of service for Soldiers separated under this provision would normally be honorable but would be uncharacterized if the Soldier was in an entry-level status. An uncharacterized discharge is neither favorable nor unfavorable; in the case of Soldiers issued this characterization of service, an insufficient amount of time would have passed to evaluate the Soldier's conduct and performance. 4. The Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records on 25 July 2018 [Wilkie Memorandum], 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 court-martial forum. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds. 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, Boards 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.) AR20210017460 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1