IN THE CASE OF: BOARD DATE: 2 May 2023 DOCKET NUMBER: AR20220006949 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 February 1984, to show he was honorably discharged. Additionally, he requests an appearance before the Board via video/telephone. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) * DA Form 2496 (Disposition Form) * 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 the Drill Sergeant who was in charge thought something was wrong with him, and they decided to have him admitted in a military hospital. They put all kinds of medication in him that is causing him problems to this day. If this had not been done, he would have served his country for 20-years or more. He was 20 years old at the time he was released. They didn’t tell him to seek help for his issue, he was left all alone to deal with it. 3. On his DD Form 149, the applicant notes post-traumatic stress disorder (PTSD) is related to his request, as a contributing and mitigating factor in the circumstances that resulted in his separation. 4. Prior to enlistment, the applicant underwent an initial entrance medical examination in on 26 May 1983. His Standard Form 88 (Report of Medical Examination) shows there were no unfitting conditions noted and he was qualified for enlistment. 5. On 11 January 1984, the applicant enlisted in the Regular Army for a 3-year service obligation. His record indicates he did not complete his initial entry training and was not awarded a military occupational specialty. 6. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 13 February 1984, shows: A. The applicant was a 20-year-old male who was brought to the emergency room due to his disruptive abnormal behavior observed in the unit. He was acutely psychotic. He denied a prior psychiatric history. He also denied a family history of psychiatric illness. He apparently had experienced occasionally for the last several years probably when under stress, auditory hallucinations, hearing God's voice. He also reports having always been in a very good mood. Upon arriving at Fort Dix, NJ, he became afraid that, "they are going to kill me", started to pray and converse with God for protection. He showed agitated, highly inappropriate behavior, made remarks about his sergeant with sexual connotations, and proclaimed that his sergeant could read his mind. He became somewhat grandiose in his behavior, saying that God talked to him which makes him feel good and happy as God helps him to help people. His behavior at the unit finally became so disruptive that he had to be brought to the emergency room for evaluation. b. His mental status evaluation states, when first seen the applicant was acutely psychotic. He showed agitation, was hyper-talkative, showed flight of ideas and some grandiosity, inability to concentrate and the content of his ideas were of a persecutory nature, grandiose or of a sexual nature. c. His profile and assignment limitations show - no military training or duty. 7. The applicant acknowledged the EPSBD findings on 14 February 1984 and further acknowledged that he had been advised that legal counsel from an Army attorney was available to him or he could consult civilian counsel at his own expense. He could request discharge from the Army without delay or request retention on active duty. He concurred with the proceedings and requested discharge from the Army without delay. 8. The applicant's commander recommended his separation from service on the same date. The separation authority approved the Board’s recommendation on 17 February 1984 and directed the applicant's separation. 9. The applicant was discharged on 24 February 1984, under the provisions of paragraph 5-11 of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), for failure to meet procurement medical fitness standards-no disability. He was credited with completing 1 month and 14 days of net active service this period. His service was uncharacterized. 10. 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 her separation processing. As a result, her service was appropriately described as "uncharacterized" in accordance with governing regulations. 11. MEDICAL REVIEW: a. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 February 1984, to show he was honorably discharged. He contends his misconduct was related to PTSD. b. The specific facts and circumstances of the case can be found in the ABCMR Record of Proceedings (ROP). Pertinent to this advisory are the following: 1) The applicant enlisted into the Regular Army on 11 January 1984; 2) Prior to enlistment, the applicant underwent an initial entrance medical examination in on 26 May 1983, and was found to have no unfitting conditions noted and he was qualified for enlistment; 3) A DA Form 4707 (Entrance Physical Standards Board Proceedings), dated 13 February 1984, shows, in effect, the applicant had a history of psychosis prior to military service; 4) On 14 February 1984 the applicant acknowledged the EPSBD findings of his prior history of psychosis, and further acknowledged that he had been advised that legal counsel from an Army attorney was available to him or he could consult civilian counsel at his own expense. Additionally, he was informed could request discharge from the Army without delay or request retention on active duty. He requested immediate discharge; 5) The applicant was discharged on 24 February 1984, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, for failure to meet procurement medical fitness standards-no disability. c. The military electronic medical record, AHLTA, was not reviewed as it was not in use during the applicant’s time in service. Included in the applicant’s case file was his Standard Form 88 (Report of Medical Examination) showing he had no unfitting conditions noted and he was qualified for enlistment. Also included was his DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 13 February 1984 showing, in part, the applicant was escorted to the ED and found to be acutely psychotic and later reported a history of experiencing auditory hallucinations, characterized by God talking to him, for several years prior to joining the Army. During the Mental Status Evaluation, it was noted that when initially seen, the applicant was acutely psychotic, hyper-talkative, agitated, showed flight of ideas, grandiosity, and delusions of persecution. He was put on profile limiting him to no military training or duty, and apparently recommend for separation due to failing to meet procurement standards. A review of the VA electronic medical record, JLV, was void and any treatment history for the applicant. No other BH-related records were provided for review. d. The applicant contends his misconduct was related to PTSD. A review of the records was void of a diagnosis of PTSD and the applicant provided no context, content or evidence to support his contention of PTSD. Records show the applicant experienced an acute psychotic reaction while in BCT and during an EPSBD proceeding reported a history of experiencing multiple instances of psychosis, when stressed, for several years prior to enlisting. It appears that during his initial entrance medical examination the applicant was not forthcoming about his history of psychosis, as if he were forthcoming, he would not have met accession/procurement standards per AR 40-501 Chapter 2. Given above, it appears the applicant’s administrative separation was proper and equitable. e. Based on the available information, it is the opinion of the Agency BH Advisor that there is sufficient evidence in the records that the applicant had a condition or experience during his time in service, however, the condition does not mitigate the discharge determination. Kurta Questions: (1) Does any evidence state that the applicant had a condition or experience that may excuse or mitigate a discharge? Yes. The applicant contends a history of PTSD but records are void of a PTSD diagnosis. The applicant was however, found to have a history of psychosis that existed prior to service. (2) Did the condition exist or experience occur during military service? Yes. The condition existed during service put onset predated military service. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The applicant contends his misconduct was related to PTSD. A review of the records was void of a diagnosis of PTSD and the applicant provided no context, content or evidence to support his contention of PTSD. Records show the applicant experienced an acute psychotic reaction while in BCT and during an EPSBD proceeding reported a history of experiencing multiple instances of psychosis, when stressed, for several years prior to enlisting. It appears that during his initial entrance medical examination the applicant was not forthcoming about his history of psychosis, as if he were forthcoming, he would not have met accession/procurement standards per AR 40-501 Chapter 2. Given above, it appears the applicant’s administrative separation was proper and equitable. BOARD DISCUSSION: 1. The Board determined the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. 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 discharged under paragraph 5-11 of AR 635-200 for failure to meet procurement medical fitness standards-no disability. He completed 1 month and 14 days of active service, and his service was uncharacterized. The Board considered the medical records, any VA documents provided by the applicant and the review and conclusions of the advising official. The Board concurred with the medical advisory opinion finding sufficient evidence in the records that the applicant had a condition or experience during his time in service; however, the condition does not mitigate the discharge determination. 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. As such, his DD Form 214 properly shows his service as uncharacterized. 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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR has the discretion to hold a hearing; applicants do not have a right to appear personally before the Board. The Director or the ABCMR may grant formal hearings whenever justice requires. 3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3 provides that a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active-duty service at the time separation action is 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 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 proceeding, 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(Standards of Medical Fitness). 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006949 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1