IN THE CASE OF: BOARD DATE: 4 April 2023 DOCKET NUMBER: AR20220006019 APPLICANT REQUESTS: an upgrade of his entry level separation from uncharacterized to honorable. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 he is requesting his discharge be changed to an honorable discharge because he did nothing wrong to deserve an uncharacterized discharge. 3. The applicant enlisted in the Regular Army on 5 August 1998. 4. The applicant's Standard Form (SF) 93 (Report of Medical History), dated 28 August 1997, shows he reported he was in good health and did not report a history of any past medical conditions. The corresponding SF 88 (Report of Medical Evaluation) shows he had mild, asymptomatic Pes Planus (flat feet) and was qualified for enlistment. 5. A DA Form 4707 (Entry Physical Standards Board (EPSBD) Proceedings), dated 13 October 1998 shows the applicant was evaluated at the Troop Medical Clinic during the initial stages of basic training and was diagnosed with Severe Pes Planus. He reported he had two years of foot pain which worsened since entering the Army in August 1998. After careful consideration of the applicant's medical records, laboratory findings, and medical examination, the board found the applicant was medically unfit for enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the condition existed prior to service. 6. He was informed of the medical findings on 23 October 1998. He was advised that the legal advice of an attorney employed by the Army was available to him, that he could consult civilian counsel at his own expense, and that he could request to be discharged from the U.S. Army without delay or request retention on active duty. He concurred with the proceedings and requested to be discharged from the Army without delay. 7. A memorandum from the Commander, Company B, 795th Military Police Battalion, Fort McClellan, AL, 26 October 1998, shows that an official inquiry was conducted in reference to the applicant's medical problem and entry level separation. The commander found nothing to indicate a fraudulent enlistment. 8. The separation authority approved the EPSBD Proceedings, on 31 October 1998, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, entry-level separation. The commander also noted the entry level separation would be uncharacterized. 9. The applicant was discharged accordingly on 5 November 1998. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he did not obtain a military occupational specialty (MOS). He was credited with completing 3 months, 1 day of net active service. His DD Form 214 also shows: * Item 24 (Character of Service) - uncharacterized * Item 25 (Separation Authority) - AR 635-200, paragraph 5-11 * Item 26 (Separation Code) - JFW (failure to meet procurement medical fitness standards) * Item 27 (Reentry Code) - RE-3 (not qualified for continued Army service, disqualification waiverable) 10. There is no evidence the applicant applied to the Army Discharge Review Board for review of his discharge within that board’s 15-year statute of limitations. 11. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active-duty service. 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 described as "uncharacterized" in accordance with governing regulations. 12. The Board should consider the applicant's argument and/or evidence in accordance with the published equity, injustice, or clemency determination guidance. 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. The evidence of record shows the applicant was separated due to not meeting procurement medical standards, due to a preexisting condition. He did not complete training, was not awarded an MOS, and completed 3 months and 1 day of active service. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active-duty service. 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 described as "uncharacterized" in accordance with governing regulations. 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, 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), in effect at the time, set policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. a. Paragraph 3-4(2) Entry-Level status. Service will be uncharacterized, and so indicated in block 24 of DD Form 214, except as provided in paragraph 3–9a. b. Paragraph 3-7 states an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldier'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 3-9a Entry-level status separation. 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— (1) Characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case. (2) HQDA (AHRC–EPR–F), on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the Government, and Secretarial plenary authority. (3) The Soldier has less than 181 days of continuous active military service, has completed Initial Entry Training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment. d. Paragraph 5-11 states 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 entry on active duty may be separated. Such conditions must be discovered during the first 6 months of active duty. Such findings will result in an EPSBD. This board, which must be convened within the Soldier's first 6 months of active duty, takes the place of the notification procedure required for separation under this chapter. (1) Medical proceedings, regardless of the date completed, must establish that a medical condition, which was identified by an appropriate military medical authority within 6 months of the Soldier's initial entry on active duty would have permanently or temporarily disqualified the Soldier for entry into military service had it been detected at that time or the medical condition does not disqualify the Soldier for retention in military service per Army Regulation 40-501 (Medical Services - Standards of Medical Fitness), chapter 3. (2) A Soldier who is found not to have been qualified under procurement medical fitness standards at the time of enlistment after entry on active duty may request to be retained on active duty if, after considering the proceedings of an EPSBD, the separation authority determines the Soldier's disqualifying condition will not prevent the Soldier from performing satisfactorily throughout his/her period of enlistment in the MOS for which he/she is being trained or in another MOS based on the Soldier's medical condition and the Soldier, after being counseled and given the opportunity to obtain legal advice, signs a statement requesting to complete the period of service for which enlisted. Soldiers not retained will be processed for separation. e. Section II (Terms): (1) Character of service for administrative separation - A determination reflecting a Soldier’s military behavior and performance of duty during a specific period of service. The three characterizations are honorable, general (under honorable conditions), and under other than honorable conditions. The service of Soldiers in entry-level status is normally described as uncharacterized. (2) Entry-level status - For Regular Army Soldiers, entry-level status is the first 180 days of continuous AD or the first 180 days of continuous AD following a break of more than 92 days of active military service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006019 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1