IN THE CASE OF:  

		BOARD DATE:  5 November 2021

		DOCKET NUMBER:  AR20200008260


APPLICANT REQUESTS: in effect, the characterization of her service be upgraded 
from entry level status (ELS) to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 293 (Application for the Review of Discharge)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	HR 3666-Fort McClellan Health Registry Act
*	Witness Statement
*	Photographs

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States 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:

	a.  She was physically healthy and very athletic when she entered the Army but she 
became very sick during her Basic Combat Training. She went to sick-call often 
because she started passing out due to a high heart rate. The medical personnel never 
tried to determine the cause of her illness. After being discharged she had a casual 
encounter with a physician in the parking lot of her church. He noticed that she had a 
protruding neck, and he asked her if she could put her chin on her chest. She could not 
and after inquiring about her symptoms, he informed her that any medical professional 
should have been able to see her neck and know what standard blood work was 
needed for a medical diagnosis and treatment. 

	b.  Within one year of being discharged, she gained over 100 pounds. She was 
finally treated at Letterman Army Hospital at the Presidio of San Francisco. Had her 
medical condition been properly treated by the military, she could have been a career 
Soldier. She believes her illness is related to her assignment at Fort McClellan, 
Alabama, as outlined in the HR-3666-Fort McClellan Health Registry Act.

	c.  The applicant also indicates that she suffers from post-traumatic stress disorder 
(PTSD), mental health issues, and she was sexually harassed. She has been 
embarrassed by her failure to complete her military service and would like her record 
corrected.

3.  The applicant's record is not available for review. The applicant’s DD Form 214 and 
supporting evidence is sufficient for the Board to make a fair determination in this case.

4.  The applicant’s DD Form 214 shows she enlisted in the Regular Army on 18 May 
1984. The highest grade she held was private/E-1. 

5.  Her DD Form 214 shows she was discharged on 10 July 1984, in accordance with 
Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11. At 
the time of her separation, she had completed 1 month and 23 days of active military 
service. Her DD Form 214 shows in:

*	Item 23 (Type of Separation) – Discharge
*	Item 24 (Character of Service) – Entry Level Status
*	Item 25 (Separation Authority) – Para 11-3a AR 635-200
*	Item 28 (Narrative Reason for Separation) – Entry level status performance and 
conduct

6.  There is no indication she applied to the Army Discharge Review Board for an 
upgrade to his discharge within its 15-year statute of limitations.

7.  The applicant provides:

	a.  A witness statement from her spouse wherein he states, in effect, that he met 
and married the applicant shortly after she was discharged from the military. It quickly 
became evident that she was very sick and within 3 months of being married, he joined 
the military in order to provide her with healthcare. The applicant was involved in a 
automobile accident when she passed out behind the wheel and this accident led to her 
being diagnosed her with Graves’ Disease. Her medical records state that her condition 
started while she was in basic training at Fort McClellan. During this time, she gained 
over 100 pounds and her health, mentally and physically, deteriorated quickly. Her 
temper would rage and there was little he could do to keep her calm. After she received 
treatment things got better but she continued to have one medical issue after another. 
The applicant told him that she experienced many fainting spells during her BCT. She 
fainted during physical training, and even busted her head open requiring medical 
treatment. Although she sought help for her medical condition, neither her leadership 
nor the medical officials, did anything to help her. Ultimately she was discharged. It took 
doctor at her church to identify the goiter in her throat which led to her diagnosis.

	b.  Photographs of herself in uniform from 1984 and another photograph dated 1985, 
which shows a significant weight gain.

	c.  A copy of HR 3666-Fort McClellan Health Registry Act. This bill was introduced 
on 25 August 2017 for the purpose of directing the Department of Veterans Affairs to 
establish a registry of certain veterans who were stationed at Fort McClellan, Alabama, 
between 1 January 1935 and 20 May 1999, to allow for health examinations, 
consultations, and notifications of the health consequences of potential exposure to a 
toxic substance or environmental hazard related to service at Fort McClellan.

8.  The Board requested the release of information regarding the applicant’s contention 
of sexual trauma from the U.S. Criminal Investigation Command. A search of the Army 
criminal file indexes revealed no records pertaining to the applicant. 

9.  MEDICAL REVIEW:  The Army Review Boards Agency (ARBA) Behavioral Health 
(BH) Advisor reviewed this case. Documentation reviewed included the application and 
supporting documents and the Department of Veterans Affairs' electronic medical 
record (Joint Legacy Viewer (JLV)).  

     a.  Review of JLV indicates the applicant is not service connected, but appears to 
have a pending service connection. A Compensation and Pension Exam conducted on 
20 April 2021 diagnoses the applicant with mild traumatic brain injury (mTBI), PTSD, 
and unspecified depressive disorder with anxious distress. The exam reports that the 
applicant’s PTSD, which is a result of childhood trauma, was “aggravated by military 
service where she was verbally and emotionally harassed.” The exam also describes 
the incident that led to applicant’s diagnosis of mTBI: “during basic training in Fort 
McClellan while running up a hill the drill instructor threatened to hit her with a rifle 
because she was going too slowly. She dodged to be missed and fell down on the 
gravel and rolled down a hill.” 
     b.  The applicant has a diagnosis of PTSD related to childhood trauma that the 
Department of Veterans Affairs has determined was aggravated by military service, 
specifically verbal and emotional harassment that she experienced during basic training. 
It is the opinion of the ARBA BH Advisor that her entry level performance and conduct 
were directly impacted by the verbal and emotional harassment she experienced during 
basic training.  The harassment the applicant experienced outweighs the reason for her 
separation, and she may have remained in the Army long enough to earn a service 
characterization were it not for the harassment.  
?
BOARD DISCUSSION:

1.  The Board carefully considered the applicant's request, supporting documents, a 
medical review, and published Department of Defense guidance for liberal consideration 
of discharge upgrade requests. The Board considered the applicant's statement, her 
record of service, and the reason for her separation. The Board considered the 
applicant's PTSD claim and the review and conclusions of the ARBA BH Advisor.

2.  The Board concurred with the conclusion of the ARBA BH Advisor that the 
applicant's entry level performance and conduct were directly impacted by the verbal 
and emotional harassment she experienced during basic training.  Based on a 
preponderance of the evidence, the Board determined the applicant's character of 
service should be changed to honorable.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:XX	:XX	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


?
BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by reissuing her DD Form 
214 to show her character of service as honorable.
		  
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, United States 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 Army Board for Correction of 
Military Records (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 (AR) 635-200 (Personnel Separations-Enlisted Separations) sets 
forth the basic authority for the separation of enlisted personnel. 

	a.  Chapter 3 contains guidance on Entry Level Separations (ELS) separations. It 
states that a separation will be described as entry level with uncharacterized service if 
the Soldier has less than 180 days of continuous active duty service at the time 
separation action is initiated. Chapter 11 provides for the separation of personnel due to 
unsatisfactory performance, conduct, or both, while in an entry level status. An 
uncharacterized service description is normally granted to Soldiers separating under 
this chapter. 

	b.  A general discharge is not authorized under ELS conditions and an honorable 
discharge is rarely ever granted. An honorable discharge may be given only in cases 
which are clearly warranted by unusual circumstances involving outstanding personal 
conduct and/or performance of duty.

	c.  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.

3.  Title 38, USC, section 1110 (General - Basic Entitlement):  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.

4.  Title 38, USC, section 1131 (Peacetime Disability Compensation - Basic 
Entitlement):  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.

5.  The Under Secretary of Defense for Personnel and Readiness issued guidance to 
Military Discharge Review Boards and Boards for Correction of Military/Naval Records 
on 25 July 2018, regarding equity, injustice, or clemency determinations. Clemency 
generally refers to relief specifically granted from a criminal sentence. Boards for 
Correction of Military/Naval Records 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)	 AR20200008260


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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