IN THE CASE OF: 

		BOARD DATE: 9 November 2023

		DOCKET NUMBER: AR20230005029


APPLICANT REQUESTS:  in effect, 

*	upgrade of his uncharacterized discharge to honorable
*	change in the narrative reason for separation to reflect a medical discharge
*	separation code to reflect a medical discharge designation

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States), in lieu of DD Form 149 (Application for Correction of Military 
Record)
*	Congress of the United States House of Representative Casework and Privacy 
Authorization Form, 7 December 2022


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, that he would like to request an upgrade of his 
uncharacterized discharge, a change in the narrative reason for separation, and a 
change in the respective separation code, to reflect a medical discharge.

3.  The applicant provides a Casework and Privacy Authorization Form from the 
Congress of the United States House of Representatives that requests assistance in 
making his request for a discharge upgrade to the Army Board for Corrections of Military 
Records (ABCMR) from his state representative.

4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 28 September 1999 for a term of 3 years.
	b.  His DA Form 2-1 (Personnel Qualification Record) shows that he entered one 
station unit training (OSUT) at Fort Leonard, Missouri, on 12 October 1999. His record 
does not show that he completed OSUT or was awarded a military occupational 
specialty (MOS).

	c.  The applicant’s service record is void of any documents that pertain to the 
circumstances regarding his administrative separation.

	d.  Orders 020-0356, 20 January 2000, discharged the applicant from the Regular 
Army with an effective date of 24 January 2000.

	e.  His DD Form 214 shows he was discharged under authority of AR 635-200 
(Personnel Separations – Enlisted Personnel), chapter 5-11, with a narrative reason for 
separation “Failure to Meet Procurement Medical Fitness Standards” and 
uncharacterized service. He completed 3 months and 27 days of active service with no 
lost time. He was assigned separation code JFW and the with reentry code 3.


BOARD DISCUSSION:

1.  The Board carefully considered the applicant's request, evidence in the records, and 
published Department of Defense guidance for liberal consideration of requests for 
changes to discharges.

2.  The Board found the evidence confirms the applicant was an entry-level Soldier at 
the time of his separation. The Board found no evidence of any medical conditions that 
were caused by or permanently aggravated by his brief period of military service. As 
such, the Board found there is insufficient evidence to support a different reason for 
separation. Based on a preponderance of the evidence, the Board determined the 
applicant’s discharge by reason of failure to meet procurement medical fitness 
standards and the associated codes were not in error or unjust. Further, because he 
was an entry-level Soldier at the time of his separation, the Board determined his 
uncharacterized service is also 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 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.

3.  Army Regulation 635-5 (Separation Documents) states: 
	a.  The DD Form 214 is a summary of the Soldier's most recent period of continuous 
active duty. It provides a brief, clear-cut record of all current active, prior active, and 
prior inactive duty service at the time of release from active duty, retirement, or 
discharge. The information entered thereon reflects the conditions as they existed at the 
time of separation.

	b.  Item 28 (Narrative Reason for Separation) of the DD Form 214 will show the 
narrative reason for separation as shown in AR 635-5-1 (Separation Program 
Designators) based on the regulatory or other authority. 

4.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at 
the time, set forth the basic authority for the separation of enlisted personnel.

	a.  Paragraph 3-9 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)  An under other than honorable conditions characterization was authorized 
when 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.

	b.  Entry-level status is defined as the first 180 days of continuous active service for 
Regular Army Soldiers.

	c.  Paragraph 5-11 provided 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. A 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). 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. No Soldier will be awarded a 
character of service under honorable conditions under this chapter unless the Soldier is 
notified of the specific factors in his/her service record that warrant such a 
characterization, using the notification procedure.

5.  Army Regulation 635-5-1 (Personnel Separations – Separation Program Designator 
(SPD) Codes), in effect at the time, prescribes the specific authorities (regulatory, 
statutory, or other directives) reasons for separating Soldiers from active duty, and the 
SPD codes to be entered on the DD Form 214. It shows separation by paragraph 5-11 of 
Army Regulation 635-200 the reason of separation to be "failed medical/physical 
procurement standards" and the SPD code of "JFW." 

6.  Army Regulation 635-40 (Army Physical Disability Evaluation System), establishes 
the Army Physical Disability Evaluation System according to the provisions of 
chapter 61 of Title 10 United States Code and DOD Directive 1332.18. It sets forth 
policies, responsibilities, and procedures that apply in determining whether a member is 
unfit because of physical disability to perform the duties of his office, grade, rank, or 
rating. If a member is found unfit because of physical disability, it provides for 
disposition of the member according, to applicable laws and policies.

	a.  Paragraph 4-24 provided the U.S. Army, Human Resources Command will 
dispose of the case by publishing orders or issuing proper instructions to subordinate 
headquarters, or return any disability evaluation case to U. S. Army Physical Disability 
Agency (USAPDA) for clarification or reconsideration when newly discovered evidence 
becomes available and is not reflected in the findings and recommendations.

	b.  Actions based upon modification by Army Disability Appeal Board (APDAB). 
When APDAB changes the disposition of the Soldier or lowers the disability rating, USA 
HRC will:

		(1) Notify the Soldier (or next-of-kin, counsel, or guardian) of the changes by 
certified mail, return receipt.

		(2) Furnish a copy of the notification to USAPDA, the PEB, and the PEBLO of the 
MTF concerned.

		(3)  Advise the Soldier that his or her concurrence or rebuttal to the findings by 
the APDAB must be received by USA HRC within 10 days of the receipt of the 
notification letter (based upon date of the certified return receipt) unless USA HRC has 
approved an extension of time. Failure to respond within the allotted time will result in 
waiver of right to file a rebuttal to the new findings.

		(4)  If timely rebuttal is received, forward it and the proceedings to APDAB for 
reconsideration.

	c.  Final disposition. Based upon the final decision of USAPDA or APDAB, USA 
HRC will issue retirement orders or other disposition instructions as follows:

		(1)  Permanent retirement for physical disability (see 10 USC 1201 or 1204).

		(2)  Placement on the TDRL (see 10 USC 1202 or 1205).

		(3)  Separation for physical disability with severance pay (10 USC 1203 or 1206).

		(4)  Separation for physical disability without severance pay (Title 10, United 
States Code, Sections 630, 12681, 1165, or 1169, (10 USC 630, 12681, 1165, or 
1169)).

		(5)  Transfer of a Soldier who has completed at least 20 qualifying years of 
Reserve service, and otherwise qualifies for transfer as described in paragraph 8–9, to 
the Inactive Reserve on the Soldier’s request (section 1209, title 10, United States Code 
(10 USC 1209)).

		(6)  Separation for physical disability without severance pay when the disability 
was incurred as a result of intentional misconduct, willful neglect, or during a period of 
unauthorized absence (Title 10, United States Code, 1207).

		(7)  Release from active duty and return to retired status of retired Soldiers 
serving on active duty who are found physically unfit.

		(8)  Return of the Soldier to duty when he or she is determined physically fit.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230005029


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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