IN THE CASE OF:

		BOARD DATE: 13 December 2023

		DOCKET NUMBER: AR20230005593


APPLICANT REQUESTS: in effect a medical separation.

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

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), 
11 February 1988
*	Department of Veterans Affairs (DVA) letter, 14 January 2023
*	DVA decision letter, 15 December 2022
*	Advanced Vascular Therapy letter


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 his DD Form 214 needs to be updated since the DVA re-
evaluated and found his separation was due to service-related exposure. As of now he 
has been granted 20 percent disability. Due to the exposure, his time in the Army was 
cut short. His life and career path has been affected by this. He was unaware that he 
could pursue disability and an updated separation reason until approximately 10 years 
ago. He hired an attorney who did nothing for him and have recently been working with 
a Veteran Service Officer.

3.  The applicant’s service records are not available for review. An exhaustive search 
was conducted to locate the service records, but they could not be found. The only 
documents available were the documents provided by the applicant. These documents 
are sufficient for the Board to conduct a fair and impartial review of this case.

4.  The applicant enlisted in the Regular Army on 17 November 1987. 

5.  He was discharged under the provisions of Army Regulation (AR) 635-200 
(Personnel Separations – Enlisted Personnel), paragraph 5-11 for not meeting 
procurement medical fitness standards – no disability. He completed 2 months and 
25 days net active service this period. His DD Form 214 also shows in pertinent parts:

*	Item 24 (Character of Service): Entry Level Status
*	Item 26 (Separation Code): LFT
*	Item 27 (Reenlistment Code): RE-3

6.  The applicant provides:

	a.  DVA decision letter, 15 December 2022, showing he has a combined rating 
evaluation of 20% for Raynaud’s syndrome. 

	b.  DVA letter, dated 14 January 2023, showing his effective date of 1 December 
2022, for his 20% combined evaluation.

	c.  Advanced Vascular Therapy letter stating in effect the applicant’s imaging studies 
and history are both consistent with the diagnosis of Raynaud's. He has no other known 
risk factors that may have precipitated his Raynaud's syndrome other than chemical 
exposure during his training period. He does not have a history of autoimmune 
disorders and his symptoms were not present prior to his training. While Raynaud's can 
develop without other associated conditions/exposures, given the timing of symptom 
development, it is more likely than not (greater than 50% chance) that the condition was 
incurred during active service.

7.  The Army rates only conditions determined to be physically unfitting at the time of 
discharge, which disqualify the Soldier from further military service. The Army disability 
rating is to compensate the individual for the loss of a military career. The VA does not 
have authority or responsibility for determining physical fitness for military service. The 
VA may compensate the individual for loss of civilian employability.

8.  Title 38, USC, Sections 1110 and 1131, permit the VA to award compensation for 
disabilities which were incurred in or aggravated by active military service. However, an 
award of a VA rating does not establish an error or injustice on the part of the Army.

9.  Title 38, CFR, Part IV is the VA's schedule for rating disabilities. The VA awards 
disability ratings to veterans for service-connected conditions, including those conditions 
detected after discharge. As a result, the VA, operating under different policies, may 
award a disability rating where the Army did not find the member to be unfit to perform 
his duties. Unlike the Army, the VA can evaluate a veteran throughout his or her 
lifetime, adjusting the percentage of disability based upon that agency's examinations 
and findings.

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 (AHLTA), the VA 
electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the 
Medical Electronic Data Care History and Readiness Tracking (MEDCHART) 
application, 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 entry level 
status (ELS – aka uncharacterized) discharge, and, in essence, a referral to the 
Disability Evaluation System (DES).  He states:
“Need updated DD 214 since the VA re-evaluated and found my separation was 
due to service-related exposure ... Due to the exposure, my time in the Army was 
cut short.  My live and career path has been affected by this.”
    c.  The Record of Proceedings outlines the applicant’s military service and the 
circumstances of the case.  His DD 214 for the period of Service under consideration 
shows he entered the Regular Army on 17 November 1987 and was discharged on 11 
February 1988 under authority provided by paragraph 5-11 of AR 635-200, Personnel 
Separations – Enlisted Personnel (2 September 1987): Separation of personnel who did 
not meet procurement medical fitness standards.
    d.  No medical documentation was submitted with the application.  Given the period 
of Service under consideration, there are no encounters in AHLTA.  JLV shows the 
applicant has a single VA service-connected disability rating of 40% for Raynaud’s 
Syndrome.
    e.  Neither the applicant’s separation packet nor documentation addressing the 
circumstances of his administrative separation was submitted with the application or 
uploaded into iPERMS.
    f.  It is assumed the applicant was referred to an entry physical standards board 
(EPSBD) for Raynaud’s Syndrome, IAW paragraph 5-11 of AR 635-200.  
    g.  Raynaud’s as described on the Joh’s Hopkins Medicine website:
“Raynaud’s phenomenon is a problem that causes decreased blood flow to the 
fingers.  In some cases, it also causes less blood flow to the ears, toes, nipples, 
knees, or nose.  This happens due to spasms of blood vessels in those areas. 
The spasms happen in response to cold, stress, or emotional upset.

Raynaud’s can occur on its own, known as primary form, or it may happen along 
with other diseases, known as secondary form.  The diseases most often linked 
with Raynaud’s are autoimmune or connective tissue diseases.
The primary form of Raynaud’s is the most common type.  It often begins 
between ages 15 and 25.  It’s less severe than secondary Raynaud’s.  People 
with primary Raynaud’s do not often develop a related condition.
The exact cause of Raynaud’s is unknown. It is possible that some blood 
disorders may cause Raynaud’s by increasing the blood thickness. This may 
happen due to excess platelets or red blood cells. Or special receptors in the 
blood that control the narrowing of the blood vessels may be more sensitive.” 
(https://www.hopkinsmedicine.org/health/conditions-and-diseases/raynauds-
phenomenon) 
    h.  EPSBD’s are convened IAW paragraph 7-12 of AR 40-400, Patient Administration.  
This process is for enlisted Soldiers who within their first 6 months of active service are 
found to have a preexisting condition which does not meet the enlistment standard in 
chapter 2 of AR 40-501, Standards of Medical Fitness, but does meet the chapter 3 
retention standard of the same regulation.  The fourth criterion for this process is that 
the preexisting condition was not permanently service aggravated.  
    i.  Given his separation authority, it is assumed the EPSBD determined the condition 
had existed prior to service (EPTS), failed the enlistment standard of AR 40-501, had 
not been permanently aggravated by his military service, and was not compatible with 
continued service.  
    j.  The EPSBD finding the applicant’s condition EPTS precluded him from referral to 
the DES for a duty incurred condition.  Different from the Military Services, the VA will 
service connect a condition when the Veteran has the onset of symptoms of during a 
period of service with little regard to the length of service during which the condition 
presented or if the condition would have existed prior to service.  
    k.  The DES only compensates an individual for service incurred medical condition(s) 
which have been determined to disqualify him or her from further military service and 
consequently prematurely ends their career.  The DES has neither the role nor the 
authority to compensate service members for anticipated future severity or potential 
complications of conditions which were incurred or permanently aggravated during their 
military service; or which did not cause or contribute to the termination of their military 
career.  These roles and authorities are granted by Congress to the Department of 
Veterans Affairs and executed under a different set of laws.
    l.  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.  Through no fault of his own, he simply had a medical condition which 
was, unfortunately, not within enlistment standards.  
    m.  It is the opinion of the ARBA medical advisor that neither an upgrade of his 
discharge nor a referral of his case to the DES is warranted.

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, and published Department of Defense guidance for liberal and clemency 
determinations requests for upgrade of his characterization of service. 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, available military records and 
medical review, the Board concurred with the advising official finding that neither an 
upgrade of his discharge nor a referral of his case to the DES is warranted.

2.  The Board noted the applicant completed 2 months and 25 days net active service 
this period and did not complete training and was released from active duty for not 
meeting procurement medical fitness standards – no disability.  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 for a medical separation. Therefore, the Board denied 
relief.


?
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.



	 
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.  On 25 August 2017, the Office of the Undersecretary of Defense for Personnel and 
Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs 
and BCM/NRs when considering requests by veterans for modification of their 
discharges due in whole or in part to: mental health conditions, including PTSD, 
traumatic brain injury, sexual assault, or sexual harassment. Boards are to give liberal 
consideration to veterans petitioning for discharge relief when the application for relief is 
based, in whole or in part, on those conditions or experiences.

3.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Military Discharge Review Boards and Boards for Correction of 
Military/Naval Records (BCM/NRs) 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. This guidance does not 
mandate relief, but rather provides standards and principles to guide BCM/NRs in 
application of their equitable relief authority. In determining whether to grant relief on the 
basis of equity, injustice, or clemency grounds, BCM/NRs 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.

4.  Title 10, U.S. Code, Chapter 61, provides the Secretaries of the Military Departments 
with authority to retire or discharge a member if they find the member unfit to perform 
military duties because of physical disability. The U.S. Army Physical Disability Agency 
is responsible for administering the Army physical disability evaluation system and 
executes Secretary of the Army decision-making authority as directed by Congress in 
chapter 61 and in accordance with DOD Directive 1332.18 and Army Regulation 635-40 
(Physical Evaluation for Retention, Retirement, or Separation).

	a.  Soldiers are referred to the disability system when they no longer meet medical 
retention standards in accordance with Army Regulation 40-501 (Standards of Medical 
Fitness), chapter 3, as evidenced in an MEB; when they receive a permanent medical 
profile rating of 3 or 4 in any factor and are referred by an MOS Medical Retention 
Board; and/or they are command-referred for a fitness-for-duty medical examination.

	b.  The disability evaluation assessment process involves two distinct stages: the 
MEB and PEB. The purpose of the MEB is to determine whether the service member's 
injury or illness is severe enough to compromise his/her ability to return to full duty 
based on the job specialty designation of the branch of service. A PEB is an 
administrative body possessing the authority to determine whether or not a service 
member is fit for duty. A designation of "unfit for duty" is required before an individual 
can be separated from the military because of an injury or medical condition. Service 
members who are determined to be unfit for duty due to disability either are separated 
from the military or are permanently retired, depending on the severity of the disability 
and length of military service. Individuals who are "separated" receive a one-time 
severance payment, while veterans who retire based upon disability receive monthly 
military retired pay and have access to all other benefits afforded to military retirees.

	c.  The mere presence of a medical impairment does not in and of itself justify a 
finding of unfitness. In each case, it is necessary to compare the nature and degree of 
physical disability present with the requirements of the duties the Soldier may 
reasonably be expected to perform because of his or her office, grade, rank, or rating. 
Reasonable performance of the preponderance of duties will invariably result in a 
finding of fitness for continued duty. A Soldier is physically unfit when a medical 
impairment prevents reasonable performance of the duties required of the Soldier's 
office, grade, rank, or rating.
5.  Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or 
Separation) establishes the Army Disability Evaluation System and sets forth policies, 
responsibilities, and procedures that apply in determining whether a Soldier is unfit 
because of physical disability to reasonably perform the duties of his office, grade, rank, 
or rating. Only the unfitting conditions or defects and those which contribute to unfitness 
will be considered in arriving at the rated degree of incapacity warranting retirement or 
separation for disability.

	a.  Soldiers are referred to the disability system when they no longer meet medical 
retention standards in accordance with AR 40-501, chapter 3, as evidenced in a medical 
evaluation board (MEB); when they receive a permanent physical profile rating of "3" or 
"4" in any functional capacity factor and are referred by a Military Occupational 
Specialty Medical Retention Board; and/or they are command Referred for a fitness-for-
duty medical examination.

	b.  The disability evaluation assessment process involves two distinct stages: the 
MEB and physical evaluation board (PEB). The purpose of the MEB is to determine 
whether the service member's injury or illness is severe enough to compromise his or 
her ability to return to full duty based on the job specialty designation of the branch of 
service. A PEB is an administrative body possessing the authority to determine whether 
a service member is fit for duty. A designation of "unfit for duty" is required before an 
individual can be separated from the military because of an injury or medical condition. 
Service members who are determined to be unfit for duty due to disability are either 
separated from the military or are permanently retired, depending on the severity of the 
disability and length of military service. Individuals who are "separated" receive a 
onetime severance payment, while veterans who retire based upon disability receive 
monthly military retired pay and have access to all other benefits afforded to military 
retirees.

	c.  The mere presence of medical impairment does not in and of itself justify a 
finding of unfitness. In each case, it is necessary to compare the nature and degree of 
physical disability present with the requirements of the duties the Soldier may 
reasonably be expected to perform because of his or her office, grade, rank, or rating. 
Reasonable performance of the preponderance of duties will invariably result in a 
finding of fitness for continued duty. A Soldier is physically unfit when medical 
impairment prevents reasonable performance of the duties required of the Soldier's 
office, grade, rank, or rating.

	d.  Disability compensation is not an entitlement acquired by reason of service-
incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted 
and who can no longer continue to reasonably perform because of a physical disability 
incurred or aggravated in military service.

	e.  Soldiers who sustain or aggravate physically unfitting disabilities must meet the 
following line-of-duty criteria to be eligible to receive retirement and severance pay 
benefits:

		(1) The disability must have been incurred or aggravated while the Soldier was 
entitled to basic pay or as the proximate cause of performing active duty or inactive duty 
training.

		(2) The disability must not have resulted from the Soldier's intentional misconduct 
or willful neglect and must not have been incurred during a period of unauthorized 
absence.

6.  AR 40-501 (Standards of Medical Fitness) governs medical fitness standards for 
enlistment, induction, appointment (including officer procurement programs), retention, 
and separation (including retirement). The Department of Veterans Affairs Schedule for 
Rating Disabilities (VASRD). VASRD is used by the Army and the VA as part of the 
process of adjudicating disability claims. It is a guide for evaluating the severity of 
disabilities resulting from all types of diseases and injuries encountered as a result of or 
incident to military service. This degree of severity is expressed as a percentage rating 
which determines the amount of monthly compensation.

7.  Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a 
member who has at least 20 years of service or a disability rating of at least 30 percent. 
Title 10, USC, section 1203, provides for the physical disability separation of a member 
who has less than 20 years of service and a disability rating of less than 30 percent.

8.  Title 38, U.S. Code, section 1110 (General - Basic Entitlement) states for disability 
resulting from personal injury suffered or disease contracted in line of duty, or for 
aggravation of a preexisting injury suffered, or disease contracted in line of duty, in the 
active military, naval, or air service, during a period of war, the United States will pay to 
any veteran thus disabled and who was discharged or released under conditions other 
than dishonorable from the period of service in which said injury or disease was 
incurred, or preexisting injury or disease was aggravated, compensation as provided in 
this subchapter, but no compensation shall be paid if the disability is a result of the 
veteran's own willful misconduct or abuse of alcohol or drugs.

9.  Title 38, U.S. Code, section 1131 (Peacetime Disability Compensation - Basic 
Entitlement) states for disability resulting from personal injury suffered or disease 
contracted in line of duty, or for aggravation of a preexisting injury suffered or disease 
contracted in line of duty, in the active military, naval, or air service, during other than a 
period of war, the United States will pay to any veteran thus disabled and who was 
discharged or released under conditions other than dishonorable from the period of 
service in which said injury or disease was incurred, or preexisting injury or disease was 
aggravated, compensation as provided in this subchapter, but no compensation shall be 
paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol 
or drugs.

10.  AR 635-200 (Personnel Separations - Enlisted Personnel), sets forth the basic 
authority for the separation of enlisted personnel. 

	a.  Paragraph 5-1 states unless the reason for separation requires a specific 
characterization, a Soldier being separated for the convenience of the government will 
be awarded a character of service of honorable, under honorable conditions, or an 
uncharacterized description of service if in an entry-level status.

	b.  Paragraph 5-11 states 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 
for training for initial entry training may be separated. Such conditions must be 
discovered during the first 6 months of active duty. For character of service, paragraph 
5-1 should be adhered to.

	c.  Section II (Terms) of the Glossary defines entry-level status for Regular Army 
Soldiers as the first 180 days of continuous active duty or the first 180 days of 
continuous active duty following a break of more than 92 days of active military service.

11.  Section 1556 of Title 10, U.S. 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)	AR20230005593


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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