IN THE CASE OF: 

		BOARD DATE: 29 June 2023

		DOCKET NUMBER: AR20220009271


APPLICANT REQUESTS: change her uncharacterized discharge to honorable and the 
reason for discharge to medical/disability.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Letter from the Department of Veterans Affairs (VA)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
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 she wants to change the character of her discharge. She was 
pregnant when discharged which exacerbated her back (Lumbar)/sciatica pain for an 
injury she suffered while is boot camp. She was unable to attend the trainings the entire 
weekend - meaning she needed to go home and rest constantly and drive back and 
forth to alleviate the pain (since she was National Guard). The sergeant suggested she 
gets a discharge due to being unable to fulfill my duties. What the sergeant did not 
explain to her was that this should've been a medical discharge since she was already 
exhibiting more issues due to the injury she suffered while in boot camp - which she 
currently receives VA disability for. It is completely unfair that she did not counsel her in 
the correct manner and why a discharge was guaranteed. Therefore, her DD Form 214 
should be changed to Honorable/ Medical...currently states uncharacterized. 

3.  Review of the applicant’s service records shows: 

	a.  She underwent an enlistment physical at the San Juan Puerto Rico Military 
Entrance processing Station. She was found medically qualified for enlistment. She 
enlisted in the Puerto Rico Army National Guard PRARNG) on 20 November 2006.

	b.  She entered active duty for training (ADT) on 5 April 2007. She completed 
training and was awarded military occupational specialty 92W, Water Treatment 
Specialist. 

	c.  She was released from ADT on 20 September 2007 to the control of her ARNG 
unit, due to completion of her required training. Her DD Form 214 shows she completed 
5 months and 15 days of active service. Her character of service is listed as 
“Uncharacterized.” 

	d.  In February 2008, she transferred to the MAARNG. She was promoted to E-2 in 
the MAARNG on 4 April 2008 and to E-3.

	e.  In December 2008, she transferred to the PRARNG. She was promoted to E-3 in 
the PRARNG on 2 March 2009.

	f.  She served on Full Time National Guard duty from 1 October 2009 to 30 October 
2009, State Honor Guard Support in the MAARNG. [Unclear when she transferred back 
to MAARNG].

	g.  Her records contain a DA Form 4187 (Personnel Action) that shows she was 
promoted to E-4 in the MAARNG on 5 November 2009.

	h.  The complete facts and circumstances surrounding her discharge from the ARNG 
are not available for review. However:

		(1)  Orders 076-008, issued by Joint Force Headquarters, PRARNG on 17 March 
2010 ordered her discharge from the ARNG effective 8 March 2010, in accordance with 
paragraph 6-35(c)(2) of national Guard Regulation (NGR) 600-200, Enlisted Personnel 
Management, due to pregnancy.  

		(2)  NGB Form 22 (Report of Separation and Record of Service) issued by 
MAARNG shows he was honorably discharged from the MAARNG on 8 March 2010 in 
accordance with paragraph 6-35(c)(2) of NGR 600-200.  

	i.  On 28 November 2022, she was reissued a new DD Form 214 covering the period 
5 April 2007 to 20 September 2007 that reflects her character of service as “honorable.”

4.  MEDICAL REVIEW:

    a.  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 military electronic medical record (AHLTA), the VA 
electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the 
Medical Electronic Data Care History and Readiness Tracking (MEDCHART) 
application, the Army Aeromedical Resource Office (AERO), and/or the Interactive 
Personnel Electronic Records Management System (iPERMS).  The ARBA Medical 
Advisor made the following findings and recommendations:  
    b.  The applicant is applying to the ABCMR, in essence, a referral to the Disability 
Evaluation System (DES).  She states:
“I was pregnant when discharged which exacerbated my back (Lumbar) /sciatica 
pain for an injury I suffered while is boot camp.  I was unable to attend the 
trainings the entire weekend - meaning I needed to go home and rest constantly 
and drive back and forth to alleviate the pain (since I was National Guard).
The Sargent suggested I get a discharge due to being unable to fulfill my duties. 
What she did NOT explain to me was that this should've been a medical 
discharge since I was already exhibiting more issues due to the injury I suffered 
while in boot camp - which I currently receive VA disability for. It is completely 
unfair that she did NOT counsel me in the correct manner and why a discharge 
was guaranteed.”
    c.  The Record of Proceedings details the applicant’s military service and the 
circumstances of the case.  The applicant’s Report of Separation and Record of Service 
(NGB Form 22) shows the former drilling Guardsman enlisted in the Army National 
Guard on 19 August 2009 and was honorably discharged from the Massachusetts Army 
National Guard (MAARNG) on 8 March 2010 under the provisions of paragraph 6-
35c(2) of NGR 600-200, Enlisted Personnel Management (31 July 2009): Pregnancy.

    d.  Review of the applicant’s health records in AHLTA show she was seen three times 
for health care from 6 April 2007 thru 12 July 2007; 6 April for nicotine dependence, 21 
May for backache, and 7 June for dehydration.  The applicant’s DD 214 shows she was 
on active duty from 5 April 2007 thru 20 September 2007 during which time she 
completed and graduated from basic combat training and advanced individual training 
to be an 92W – Water Treatment Specialist.  Thus, there is no evidence any medical 
condition limited the applicant’s ability to succeed in completing rigorous Army training:  
There is no evidence that any medical condition prevented the applicant from being able 
to reasonably perform the duties of his office, grade, rank, or rating. 

    e.  Neither the applicant’s separation packet nor documentation addressing her 
voluntary administrative separation were submitted with the application nor uploaded 
into iPERMS.

    f.  There is no evidence the applicant had a service-incurred medical condition which 
would have failed the medical retention standards of chapter 3 of AR 40-501, Standards 
of Medical Fitness, prior to her voluntary separation.  Thus, there was no cause for 
referral to the Disability Evaluation System.  

    f.  The applicant claims and review of his records in JLV shows he has been awarded 
numerous VA service-connected disability ratings, including one for depression and 
several related to his lumber spine.  However, the DES compensates an individual only 
for service incurred medical condition(s) which have been determined to disqualify him 
or her from further military service.  The DES has neither the role nor the authority to 
compensate service members for anticipated future severity or potential complications 
of conditions which were incurred or permanently aggravated during their military 
service; or which did not cause or contribute to the termination of their military career.  
These roles and authorities are granted by Congress to the Department of Veterans 
Affairs and executed under a different set of laws.

   g.  It is the opinion of the Agency Medical Advisor that referral of this case to the 
Disability Evaluation System is not warranted.

BOARD DISCUSSION:

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, and regulatory guidance were carefully considered. As 
for the reason for discharge, the Board noted that neither her separation packet nor 
documentation addressing her voluntary administrative separation were submitted with 
her application. The Board reviewed and agreed with the medical officer’s finding no 
evidence the applicant had a service-incurred medical condition which would have failed 
the medical retention standards of chapter 3 of AR 40-501, Standards of Medical 
Fitness, prior to her voluntary separation. Thus, the Board determined, based on the 
preponderance of the evidence, there was no cause for referral to the Disability 
Evaluation System.  
?
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, 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 ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 
currently in effect, prescribes for the separation of enlisted personnel.

	a.  Paragraph 3-7a (Honorable Discharge) states an honorable discharge is a 
separation with honor. 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. Only the honorable characterization 
may be awarded a member upon completion of his or her period of enlistment or period 
for which called or ordered to active duty or active duty training or where required under 
specific reasons for separation unless an entry level status separation (uncharacterized) 
is warranted.

	b.  Paragraph 3-7b (General Discharge) states a general discharge is a separation 
from the Army under honorable conditions. When authorized, it is issued to a member 
whose military record is satisfactory but not sufficiently meritorious to warrant an 
honorable discharge.

	c.  Paragraph 3-9 (Uncharacterized Separations) states a separation will be 
described as an entry level separation if processing is initiated while a member is in 
entry level status.

	d.  A separation will be described as entry-level with service uncharacterized if 
processing is initiated while a Soldier is in entry-level status except when the Soldier 
has less than 181 days of continuous active military service, has completed initial entry 
training, has been awarded a military occupational specialty, and has reported for duty 
at a follow-on unit of assignment.

3.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, 
prescribes policy and procedural guidance relating to transition management.  
Specifically, it references instruction related to the preparation of the DD Form 214. The 
DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  
It provides a brief, clear-cut record of active duty service at the time of release from 
active duty, retirement, or discharge.

	a.  Paragraph 5-1f states that a DD Form 214 will be prepared for Reserve 
Component (RC) Soldiers completing active duty that results in the award of an MOS, 
even when the active duty period was less than 90 days (for example, completion of the 
advanced individual training component of ARNGUS Alternate Training Program or 
USAR Split Training Program).

	b.  Paragraph 5-6 states:  "When a RC Soldier successfully completes initial active 
duty training the character of service is Honorable unless directed otherwise by the 
separation approval authority."

4.  National Guard Regulation 600-200, Enlisted Personnel Management, prescribes the 
criteria, policies, processes, procedures, and responsibilities to classify; assign; utilize; 
transfer within and between states; provides Special Duty Assignment Pay; separation; 
extension/reenlistment, and appoint to and from Command Sergeant Major, Army 
National Guard (ARNG). Chapter 6 provides for enlisted separations. Paragraph 6-35 
provides for Separation/Discharge from State ARNG and/or Reserve of the Army. It lists 
reasons, applicability, and codes for administrative separation or discharge from the 
Reserve of the Army, the State ARNG only, or both. Sub-paragraph 6-35(c)(2) allows 
separation for (1) Dependency or hardship (includes parenthood and sole parents) 
affecting the Soldier’s immediate family; (2) Pregnancy; and (3) Sole surviving son or 
daughter; (4) Involuntary separation due to parenthood, and (5) Not medically qualified 
under procurement medical fitness standards. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220009271


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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