IN THE CASE OF: BOARD DATE: 15 November 2023 DOCKET NUMBER: AR20230004572 APPLICANT REQUESTS: Reconsideration of her previous requests for upgrade of her uncharacterized character of service to honorable. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Service Documents * DD Form 214 (Certificate of Release or Discharge from Active Duty) (two) * Department of Veterans Administration (Application for Refund of Educational Contributions) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number: * AR20190015622 on 6 July 2020 * AR20210013616 on 30 September 2021 2. The applicant states she would not have signed her discharge if she had known she would not receive her honorable discharge that she was told she would receive. She completed basic training and the hand grenade course. She was included in all training except what she was not allowed to do. She did charge of quarters and fire guard along with other duties while her medical discharge was being processed. She has previously sent a letter detailing her case. She would like to apply for Veterans Administration health care benefits. 3. The applicant enlisted in the Regular Army on 27 September 1983 for three years. She did not complete her training and was not awarded a military occupational specialty. 4. She was assigned to Fort Dix, NJ, for initial entry training. Orders 193-2, dated 4 October 1983, assigned her to a basic combat training (BCT) unit. 5. The orthopedic evaluation results, dated 23 November 1983, show the applicant was in her 7th week of BCT and, about 2 weeks earlier, she had developed pain in her left wrist after performing push-ups; a week ago, the applicant fell onto her wrist. The orthopedic physician's assistant's diagnosis was "Contusion/Strain (L) (Left) Wrist." In addition, he issued the applicant a DA Form 3349 (Physical Profile Board Proceedings), which showed a temporary profile, level "3," limiting the applicant's assignment to duties requiring the handling of heavy materials, as well as restricting her from performing overhead work, pull-ups, and/or push-ups. 6. An Army doctor reissued the applicant's level "3" temporary profile on 19 January 1984 and reflected the expiration would occur on the completion of the "635-200 board." The profile listed the applicant's physical defect as "Arthralgias (L) wrist with bone island in scaphoid." 7. On 20 January 1984, the applicant's Army doctor requested that the hospital's Patient Administration Division place the applicant on a medical hold due to the following diagnosis: "Arthralgias left wrist with bone island in scaphoid"; the request further indicated the applicant was pending action under paragraph 5-11 (Separation of Personnel who did not Meet Procurement Medical Fitness Standards), Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel). 8. The applicant's BCT battalion commander provided the brigade commander information pertaining to the applicant on 1 February 1984. He stated the applicant's component was Regular Army, and she had not successfully completed BCT. 9. The applicant's separation packet is not available for review; however, the applicant's service record contains her separation orders and her DD Form 214. Orders 20-55 dated 9 February 1984, Headquarters, U.S. Army Training Center, Fort Dix, reassigned her to the U.S. Army Transfer Point for separation processing and lists her type of discharge as honorable. Effective date as 10 February 1984. 10. Orders 041-199, dated 10 February 1984, Headquarters, U.S. Army Training Center, Fort Dix, discharged her. Effective date: 10 February 1984. 11. The applicant was discharged on 10 February 1984. Her DD Form 214 shows she was discharged under the provisions of AR 635-200, paragraph 5-11, by reason of did not meet procurement medical fitness standards - no disability. She was assigned Separation Code JFT with Reenlistment Code 3. Her service was uncharacterized. She completed 4 months and 14 days net active service. 12. Paragraph 5-11 provides 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. 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. 13. The applicant provides: a. A portion of her service documents and a copy of her DD Form 214 discussed above. b. A Department of Veterans Administration (Application for Refund of Educational Contributions) signed by the applicant on 10 February 1985. 14. On 6 July 2019 and 20 September 2021, the ABCMR determined 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. The Army Review Boards Agency (ARBA) Medical Advisor was asked to review the 20 September 2021 case and the medical review is available in AR20210013616. 15. In reaching its determination, the Board can consider the applicant’s petition, arguments and assertions, and service record in accordance with the published equity, injustice, or clemency guidance. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. 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. Upon review of the applicant’s petition and available military records, the Board determined the applicant did not complete training and was released from active duty by reason of did not meet procurement medical fitness standards - no disability. The record shows the applicant completed 4 months and 14 days net active service and was not awarded a military occupational specialty. As such, her DD Form 214 properly shows the appropriate characterization of service as uncharacterized. Furthermore, the Board found reversal of the previous Board decisions is without merit and denied relief. 2. An uncharacterized discharge is not derogatory; it is recorded when a Soldier has not completed more than 180 days of creditable continuous active duty prior to initiation of separation. It merely means the Soldier has not served on active duty 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. 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 Board found 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 to amend the decision of the ABCMR set forth in Docket Number AR20190015622 on 6 July 2020 and AR20210013616 on 30 September 2021. 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. Army Regulation (AR) 635-200 sets forth the basic authority for the separation of enlisted personnel. a. 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. b. 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. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. c. 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 provides 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 six 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. 2. The Under Secretary of Defense (Personnel and Readiness) issued guidance to Service Discharge Review Boards and Service Boards for Correction of Military/Naval Records (BCM/NR) on 25 July 2018, regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the court-martial forum. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds. a. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, Boards shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. b. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230004572 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1