IN THE CASE OF: 
 
  BOARD DATE: 12 September 2023 
 
  DOCKET NUMBER: AR20230001161 
 
 
APPLICANT REQUESTS: correction of his records to show his service in the U.S. Army Reserve (USAR) was characterized as honorable vice uncharacterized. Additionally, he requests a personal appearance before the Board. 
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) (Online) 

• Screening Note of Acute Medical Care 

• Mayo Clinic Documents, Notes, and Images 

• Mayo Clinic, Platelet Count  


 
FACTS: 
 
1.  The applicant did not file within the 3-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 his discharge was uncharacterized under honorable conditions. During basic training, he became very ill and when he went to sick call they did not do anything to help him. Due to this illness, he was unable to attend advanced individual training. Eight years after his discharge, he became ill again with the same illness and this time it almost killed him. He is seeking an upgrade in his discharge to apply for Veterans Affairs housing and to help with his disability status. 
 
3.  The applicant enlisted in the USAR on 28 February 2007 for eight years. He enlisted for military occupational specialty (MOS) 62B (Construction Equipment Repairer). In conjunction with his enlistment, his Report of Medical Examination, dated 28 February 2007, shows he had a disqualifying defect, hearing loss. 
 
4.  The applicant's complete military records are not available for review; therefore, this case is being considered based on the documents he provides. His available records do not show completion of basic combat training or advanced individual training. 
 
5.  Orders C-06-719159, dated 14 June 2007, issued by U.S. Army Human Resources Command, St. Louis, MO, reassigned the applicant and released him from the USAR Delayed Entry Program.  
 
6.  The applicant's record is void of a separation packet containing the specific facts and circumstances surrounding his discharge processing; however, Orders 08-228-00025, dated 15 August 2008, issued by Headquarters, 88th Regional Readiness Command, Fort Snelling, MN, discharged him from the USAR, under the authority of Army Regulation (AR) 135-178 (Army National Guard and Reserve - Administrative Separations), effective 14 September 2008. His service was uncharacterized. 
 
7.  Orders 08-256-00092, dated 12 September 2008, issued by Headquarters, 88th Regional Readiness Command, Fort Snelling, MN, involuntarily reassigned the applicant for the convenience of the government. 
 
8.  Soldiers are considered to be in an entry-level status when they are within their first 180 days of active-duty service. Entry-level status for members of a Reserve component terminates (a) 180 days after beginning training if the Soldier is ordered to initial active duty for training (ADT) for one continuous period of 180 days or more; or (b) 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty. 
 
9.  An uncharacterized separation is an entry-level separation; for Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training. However, current guidance states Reserve Component 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 Army National Guard Alternate Training Program or USAR (Split Training Program) will receive a character of service of Honorable unless directed otherwise by the separation approval authority.   
 
10.  The applicant provides: 
 
     a.  A screening note of Acute Medical Care, dated 27 July 2007, shows the applicant was treated and released regarding a dermatology issue of rash on thighs, arms, and hands. 
 
     b.  A Mayo Clinic note, dated 30 September 2016, shows the applicant was seen in urgent care for red bumps all over skin. He was recently in the emergency room (ER) for extreme fatigue and signs of infection and prescribed doxycycline. He went back to the ER the following night for bloody emesis. Today has widespread petechiae on arms and legs. He was advised to go to the ER and agreed with this plan. 
 
     c.  A Mayo Clinic note, dated 2 October 2016, shows the applicant’s platelet count result. 
 
11.  In reference to housing and disability benefits, decisions of the Veterans Administration are solely within the jurisdiction of that agency. While the Army Board for Correction of Military Record can correct errors in an individual's military records it has no authority to direct or influence decisions by other agencies. 
 
12.  In reaching its determination, the Board can consider the applicant’s petition, arguments and assertions, and service record in accordance with published guidance.  
 
13.  MEDICAL REVIEW: 
 
    a.  The Army Review Boards Agency (ARBA) Medical Advisor reviewed the supporting documents, the Record of Proceedings (ROP), and the applicant's available records in the Interactive Personnel Electronic Records Management System (iPERMS), the Armed Forces Health Longitudinal Technology Application (AHLTA), the Health Artifacts Image Management Solutions (HAIMS) and the VA's Joint Legacy Viewer (JLV).  The applicant requests a change in discharge from ‘Uncharacterized’ to ‘Honorable’.  He also requests a change in narrative reason for separation.  He stated that he became ill and could not attend AIT.  Ultimately, he seeks VA housing benefits and change in disability status. 
 
    b.  The ABCMR ROP was reviewed.  The ROP indicated that the specific facts and circumstances surrounding his discharge processing were not known.  Of note, the applicant entered active duty service 13Jun2007.  He was discharged from the USAR on 14Sep2008.  His service was designated as uncharacterized. 
 
    c.  28Feb2007 Report of Medical Examination showed he was not qualified for service due to an H3 profile for hearing loss.  The audiogram showed bilateral hearing loss, worse in the 2000 and 4000 Hz ranges.  A medical waiver was approved for the hearing loss condition.  JLV search showed that the applicant was total combined service connected at 10% for the following:  Tinnitus 10% and Impaired Hearing 0%.   
 
    d.  A 27Jul2007 Screening Note of Acute Medical Care showed the applicant was seen for an itchy, non painful rash of 3 days duration on his thighs, arms, and hands.  The 01Aug2007 and 02Aug2007 Nelson Medical Clinic notes showed Contact Dermatitis as the diagnosis, with a secondary bacterial skin infection.  He reported a history of exposure to poison ivy.  His pain was mild (3/10), both legs.  He was given a profile to run at own pace with expiration 04Aug2007.  There were no further documented clinic visits while in service. 
 
    e.  The applicant submitted a blood test result showing an extremely low platelet count dated 02Oct2016.  He was seen at EU Clairemont Outpatient Clinic (urgent care) on 30Sep2016 for widespread petechiae on arms and legs.  Emergency room paperwork indicated that the applicant had a 3 week illness thought to be viral in origin, accompanied by a rash.  He had been given an antibiotic to treat a secondary bacterial skin infection.  He was found to have a severe low platelet count which required blood transfusion.  He was admitted to the hospital and the hospital discharge diagnoses included Acute Cytomegalovirus (CMV) Disease and Probable Epstein Barr Viral (EBV) Infection (confirmed by lab testing).  He also had severe thrombocytopenia and acute elevation of hepatic (liver) transaminases both likely due to acute CMV infection (a recent infection).   
 
    f.  Based on records available for review, it is less likely than not, that the applicant’s contact dermatitis illness in July 2007 (due to poison ivy), was related to the new onset CMV (with or without EBV) illness in September 2016.  Based on available information, there was insufficient evidence to support that the applicant had a condition which failed medical retention standards of AR 40-501 chapter 3 at the time of discharge.  Based on medical evidence available for review, no change is recommended for narrative reason for separation –referral for medical discharge processing for disability compensation is not warranted.  In addition, psychosis, or MST conditions; or an act of extreme honor warranting a change in characterization of service from ‘Uncharacterized’ to ‘Honorable’, was not found. 
 
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 and all supporting documents, the Board found that relief 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, and the reason for separation.  
 
 a.  The evidence shows the applicant enlisted in the USAR on 28 February 2007. He did not complete initial entry training and was not awarded an MOS. His record is void of a separation packet; however, it contains an order issued by his higher headquarters separating him from the USAR on 14 September 2008, in accordance with AR 135-178 with an entry level (uncharacterized) discharge. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active-duty service. Entry-level status for members of a Reserve component terminates (a) 180 days after beginning training if the Soldier is ordered to initial active duty for training (ADT) for one 
continuous period of 180 days or more; or (b) 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty. 
 
 b. The Board considered the medical records, any VA documents provided by the applicant and the review and conclusions of the advising official. The Board was persuaded by and concurred with the medical advisory opinion finding insufficient evidence of in-service mitigating factors. There is also insufficient evidence to support that the applicant had a condition which failed medical retention standards of AR 40-501 chapter 3 at the time of discharge. 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 
 
xx: xx: xx: 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. 
 
  9/12/2023

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 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.  Title 10, USC, Section 1556, provides the Secretary of the Army shall ensure that an applicant seeking corrective action by 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.  AR 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 begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.   
 
     a.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.   
 
     b.  The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 
 
4.  AR 135-178 (Separation of Enlisted Personnel) in effect at the time sets forth the basic authority for the separation of enlisted Reserve Component personnel. Chapter 7 of this regulation establishes policy and prescribes procedures for separating enlisted members of the USAR for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and conviction by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally considered appropriate. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. 
 
5.  AR 135-178 sets forth the basic authority for the separation of enlisted Reserve Component personnel.   
 
 a.  Paragraph 2-9a provides that an honorable characterization of service 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. 
 
 b.  Paragraph 2-9b provides that a general (under honorable conditions) characterization of service is warranted when significant negative aspects of the Soldier's conduct or performance of duty outweigh positive aspects of the Soldier's military record. 
 
 c.  Chapter 5 prescribes criteria and procedures for separation of enlisted soldiers while in an entry level status. This policy applies to Soldiers who voluntarily enlisted in the Army National Guard of the United States or USAR, who have completed no more than 180 days of continuous and creditable active military service on their current enlistment by the date of separation. 
 
6.  AR 635-200 (Personnel Separations-Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel. 
 
 a. It provides that an uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status (except when the characterization of under other than honorable condition is authorized), or when the Secretary of the Army, on a case-by-case basis, determines that an honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. 
 
 b. A member of a Reserve component who is not on active duty, or who is serving under a call or order to active duty for 180 days or less, begins entry-level status upon enlistment in a Reserve component.  Entry-level status of such a member of a Reserve component terminates (a) 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more; or (b) 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty. 
 
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