IN THE CASE OF: 

		BOARD DATE:  30 September 2022

		DOCKET NUMBER: AR20220003634


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his service was characterized as honorable.

APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: 

DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, U.S. 
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 would like his characterization of his service changed to 
honorable. He was injured while attending Basic Combat Training and was informed 
that he was being discharged because the medical procedures required to correct the 
injury would be lengthy and difficult. He was prepared to undergo the medical treatment 
to continue his military service but was not afforded an opportunity to do so. On the date 
of his separation, he was shocked to see he was being separated due to "Failure to 
meet procurement medical fitness standards and that it was determined to be a medical 
condition which existed prior to service (EPTS), which it was not. His injury occurred on 
the advanced confidence course when his left shoulder became dislocated and was 
corrected on the spot by a drill instructor. The damage and pain have grown worse in 
the years since then. His DD Form 149, notes post-traumatic stress disorder (PTSD) 
and other mental health conditions are related to his request, as contributing and 
mitigating factors in the circumstances that resulted in his separation.

3.  The applicant’s complete military records, including his DA Form 4707 (Entrance 
Physical Standards Board (EPSBD)) separation proceedings, are not available for 
review. Therefore, this case is being considered based on his limited service records.

4.  The applicant's service records show:

	a.  On 13 February 2002, he underwent a pre-enlistment medical examination and 
was found to be qualified for service. He enlisted in the U.S. Army Reserve (USAR) 
delayed enlistment program (DEP).

     b.  On 14 March 2002, the applicant requested to be discharged from the DEP and 
enlisted in the Regular Army for a period of 6 years.

     c.  The applicant's record is void of a separation packet containing the specific facts 
and circumstances surrounding his discharge processing. However, his DD Form 214 
shows he was discharged on 29 May 2002, under the provisions of Army Regulation 
635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11, by reason 
of failure to meet procurement medical fitness standards. He was credited with 
completion of 2 months and 16 days of net active service and was not awarded a 
military occupational specialty. His service was uncharacterized.

5.  Army Regulation 635-200, 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 duty 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. The applicant's record shows:

6.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's 
military service. It merely means the Soldier did not serve on active duty long enough 
for his or her character of service to be rated. 

7.  The evidence of record shows the applicant was in an entry-level status at the time 
of his separation processing.  As a result, his service was appropriately described as 
"uncharacterized" in accordance with governing regulations.

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 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, and/or the Interactive Personnel Electronic Records Management System 
(iPERMS).  The ARBA Medical Advisor made the following findings and 
recommendations:  

    a.  The applicant is applying to the ABCMR requesting an upgrade of his 29 May 
2002 uncharacterized discharge.  He states:

“I was injured during basic training and informed that the medical procedures(s) 
required to correct the injury were to be lengthy and difficult and so I was being 
discharged due to this … I was shocked to see the info “Failure to meet 
procurement medical fitness standards” but was told this just meant that was 
injured but later was told that my injury was preexisting which it was NOT. 
My injury was on the advanced confidence course where my left shoulder 
became dislocated and was corrected on the spot by my drill instructor.”

    b.  The Record of Proceedings details the applicant’s military service and the 
circumstances of the case.  The applicant’s DD 214 shows he entered the Regular 
Army on 14 March 2002 and was discharged on 29 May under provisions provided by 
paragraph 5-11 of AR 635-200, Active Duty Enlisted Administrative Separations (1 
November 2000): Separation of personnel who did not meet procurement medical 
fitness standards.

    c.  The applicant’s pre-entrance Report of Medical Examination shows he was in 
good health, without significant medical history or conditions.

    d.  No additional medical documentation was submitted with the application and there 
are no encounters in AHLTA.  

    e.  Neither the applicant’s separation packet nor documentation addressing his 
administrative separation were submitted with the application or found in the supporting 
documentation.   

    f.  Given the separation authority on his DD 214, it is assumed he was referred to an 
Entry Physical Standards Board (EPSBD), possibly for a preexisting left shoulder 
condition, under provisions provided in paragraph 5-11 of AR 635-200.  EPSBDs are 
convened IAW 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. 
    g.  His Entrance Physical Standards Board (EPSBD) Proceedings (DA Form 4707) 
was not available for review.  Given his paragraph 5-11 of AR 635-200 administrative 
separation without evidence to the contrary, it must be assumed the board determined 
his medical condition had existed prior to service, had not been permanently aggravated 
by his military service, did not meet one or more medical enlistment/induction 
standards, and was not compatible with continued military service.  

    h.  Review of his records in JLV shows he is not registered with the Veterans Hospital 
Administration.

    i.  An uncharacterized discharge is given to individuals who separate prior to 
completing 180 days of military service, or when the discharge action was initiated prior 
to 180 days of service.  This type of discharge does not attempt to characterize service 
as good or bad.  Through no fault of his own, he simply had a medical condition which 
was, unfortunately, not within enlistment standards.  

    j.  It is the opinion of the ARBA Medical Advisor that an upgrade of his discharge is 
not warranted.   

BOARD DISCUSSION:

After reviewing the application, the Board found that relief was/was not warranted. The 
Board carefully considered the applicant’s request, supporting documents, evidence in 
the records, and published DoD guidance for liberal consideration of discharge upgrade 
requests. The Board considered the applicant's statement, the applicant's record of 
service, the frequency and nature of the applicant's misconduct and the reason for 
separation. The applicant’s Entrance Physical Standards Board (EPSBD) Proceedings 
(DA Form 4707) was not available for review. In the absence of evidence to the 
contrary, the Board must presume administrative regularity. The Board concurred with 
the medical advisory opinion finding that he was separated due to a preexisting medical 
condition that had existed prior to service, had not been permanently aggravated by his 
military service, did not meet one or more medical enlistment/induction standards, and 
was not compatible with continued military service. He did not complete training and 
was not awarded an MOS. An uncharacterized discharge is given to individuals who 
separate prior to completing 180 days of military service, or when the discharge action 
was initiated prior to 180 days of service, as in the case here. Based on a 
preponderance of evidence, the Board determined that the character of service the 
applicant received upon separation was 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 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 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.  Title 10, USC, section 1556 provides the Secretary of the Army shall ensure that an 
applicant seeking corrective action by the Army Review Boards Agency (ARBA) is 
provided a copy of all correspondence and communications, including summaries of 
verbal communications, with any agencies or persons external to agency or board, or a 
member of the staff of the agency or Board, that directly pertains to or has material 
effect on the applicant's case, except as authorized by statute.

3.  Army Regulation 15-185 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 has occurred by a preponderance of the evidence. It is not an 
investigative body. 

4.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel. The version in effect at the time provided that:
	
	a.  A separation would be described as entry level with uncharacterized service if the 
Soldier had less than 180 days of continuous active duty service at the time separation 
action was initiated.

	b.  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.

	c.  Paragraph 3-9, in effect at the time of the applicant's separation, provided that 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.  Paragraph 5-11 specifically provided 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 
proceedings, regardless of the date completed, must establish that a medical condition 
was identified by appropriate medical authority within 6 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. A Soldier disqualified under this 
provision could request retention on active duty; the separation authority made the final 
determination.

	e.  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.

5.  On 25?August 2017, the Office of the Undersecretary of Defense for Personnel and 
Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs 
and BCM/NRs when considering requests by Veterans for modification of their 
discharges due in whole or in part to: mental health conditions, including PTSD; 
Traumatic Brain Injury; sexual assault; or sexual harassment. Boards are to give liberal 
consideration to Veterans petitioning for discharge relief when the application for relief is 
based in whole or in part to those conditions or experiences. The guidance further 
describes evidence sources and criteria and requires Boards to consider the conditions 
or experiences presented in evidence as potential mitigation for misconduct that led to 
the discharge.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20220003634


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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