IN THE CASE OF: BOARD DATE: 16 May 2023 DOCKET NUMBER: AR20220009599 APPLICANT REQUESTS: * an upgrade of his characterization of service from uncharacterized to honorable, and * a change to the narrative reason for separation from "failure to meet procurement medical fitness standards" to "medical" APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * Army Review Boards Agency (ARBA) Case Tracking Systems (ACTS) online application, 11 August 2022 * DD Form 214 (Certificate of release or Discharge from Active Duty), 17 July 2003 * Department of Veteran Affairs (VA) rating decision, 14 October 2003 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, in effect, he is in the process of certifying with Federal, State, and local agencies as a Service-Disabled Veteran-Owned Small Business. His application was previously denied due to block 24 (Character of Service) on his DD Form 214 reflecting uncharacterized. Additionally, he is looking forward to working with the VA to help other veterans as best as possible. 3. The applicant enlisted in the regular Army on 20 March 2003. 4. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 13 June 2003, shows the applicant went before an EPSBD. After careful consideration of medical records, laboratory findings, and a medical examination, the board found the applicant medically unfit for appointment or enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the condition(s) existed prior to service. a. The board found the applicant had difficulty running, determined by shortness of breath, positive wheezing, increasingly worse overtime, with possible exercise induced Asthma on Methacholine Challenge Test. The applicant also had significant pain in bilateral feet determined by Pes Planus that is limiting his training. The board diagnosed the applicant with Asthma and Reactive Airway Disease. b. The board recommended the applicant be separated from service for failure to meet medical procurement standards in accordance with Army Regulation (AR) 40-501 (Medical Services Standards of Medical Fitness) chapter 2, para 2-33. Additionally, the applicant concurred with the proceedings and requested to be separated from service. c. On 13 June 2003, the medical approval authority approved the findings and recommendation of the EPSBD. d. On 14 July 2003, the discharge authority approved the findings and recommended the applicant be discharged from the Army. 5. On 26 June 2003 and 2 July 2003, the applicant's immediate and intermediate commanders concurred with the findings of the EPSBD and recommended the applicant be separated under the provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), chapter 5, paragraph 5-11. They further recommended the applicant receive an entry-level status separation. 6. On 11 July 2003, the separation authority approved the recommended discharge under the provisions of AR 635-200, chapter 5, paragraph 5-11, with an issuance of an entry-level status separation. 7. The applicant's DD Form 214 shows he was discharged on 17 July 2003, under the provisions of AR 635-200, chapter 5, paragraph 5-11, for failure to meet procurement medical fitness standards, in the rank/grade of private (PV2)/E-2, and his service was uncharacterized (Separation Code JFW, Reentry Code 3). He completed 3 months 28 days of net active service. 8. He provides a VA rating decision, dated 14 October 2003, which shows he has a service-connected disability for asthma with a 30% evaluation. 9. Regulatory guidance states, Soldiers are subject to discharge under the provisions Army Regulation 635-200, paragraph 5-11, 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 (AD) or active- duty training (ADT) for initial entry training. 10. 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 - Armed Forces Health Longitudinal Technology Application (AHLTA) and MHS Genesis, the VA electronic medical record – Joint Legacy Viewer (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 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 requesting an upgrade of his characterization of service from uncharacterized to honorable, and a change to the narrative reason for separation from "failure to meet procurement medical fitness standards" to "medical". He states: “I am seeking to have box 24 changed from uncharacterized to honorable. I am also seeking to change box 28 from failure to meet procurement medical fitness standards to medical.” “I have attached the rating decision from the VA stating Service connection for asthma has established as directly related to military service.” c. Due to the period of the applicant’s service, there was no documentation available from above databases for review related to his request. d. There was no medical information provided in his supporting documents to support the applicant’s request, except his VA Rating Decision dated 14 October 2003. e. On 13 June 2003, the applicant was found by the Entrance Physical Standards Board to have Asthma and Reactive Airway Disease, which was a medical condition unfit for appointment or enlistment in accordance with current medical fitness standards of that time. According to the opinion of the evaluating physicians at that time, the condition existed prior to service. f. 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. g. Given the current information, it is the opinion of the ARBA medical advisor that neither an upgrade of his discharge nor change to the narrative reason for separation is indicated. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions, the military service record, and regulatory guidance were carefully considered. In addition, the Board considered his medical records, VA documents provided by the applicant, the review and conclusions of the advising official, and published DoD guidance for liberal consideration of discharge upgrade request. However, the Board concurred with the medical advisory opinion finding insufficient evidence of in-service mitigating factors for an upgrade. 2. 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, the DD Form 214 properly shows his service as uncharacterized. 3. 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. Based upon a preponderance of evidence, the Board determined that the character of service the applicant received upon separation was not in error or unjust. 4. The Board agreed that the VA provides post-service support and benefits for service connected medical conditions. The VA operates under different laws and regulations than the Department of Defense (DOD). In essence, the VA will compensate for all service connected disabilities. The applicant is advised the DD Form 214 shows circumstances as they were on the date prepared. The Board further determined a change to the narrative reason for separation is not warranted. ? 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) sets 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. 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. d. 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. e. Paragraph 5-11, 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 or active duty training from initial entry training, may be separated. Such conditions must be discovered during the first six months of active duty. Such findings will result in an entrance physical standards board. This board must also be convened within the Soldier’s first six months of active duty. f. 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 ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, It terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). (Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II.) 3. X. ection 1556 of Title 10, United States Code, requires the Secretary of the Army to ensure that an applicant seeking corrective action by the Army Review Boards Agency (ARBA) be provided with a copy of any correspondence and communications (including summaries of verbal communications) to or from the Agency with anyone outside the Agency that directly pertains to or has material effect on the applicant's case, except as authorized by statute. ARBA medical advisory opinions and reviews are authored by ARBA civilian and military medical and behavioral health professionals and are therefore internal agency work product. Accordingly, ARBA does not routinely provide copies of ARBA Medical Office recommendations, opinions (including advisory opinions), and reviews to Army Board for Correction of Military Records applicants (and/or their counsel) prior to adjudication. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009599 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1