MEMORANDUM OF CONSIDERATION
IN THE CASE OF:.
BOARD DATE: 2 December 1998
DOCKET NUMBER: AC96-10225
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.
The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.
The applicant requests correction of military records as stated in the application to the Board and as restated herein.
The Board considered the following evidence:
Exhibit A - Application for correction of military
records
Exhibit B - Military Personnel Records (including
advisory opinion, if any)
APPLICANT REQUESTS: That her records be corrected to show she was discharged for her physical disability, with compensation.
APPLICANT STATES: That all injuries occurred before entering service; that she was unfit to stay in the service; that her condition became worse after entering the service; and, that she should receive some kind of compensation for her new injuries.
EVIDENCE OF RECORD: The applicant's military records show she enlisted on 25 August 1995. She was discharged, on 13 December 1995, under Army Regulation 635-200, for her failure to meet procurement medical fitness standards.
Entrance Physical Standards Board (EPSBD) Proceedings, dated 28 November 1995, diagnosed her condition as chronic retropatellar pain syndrome, right, secondary to abnormal Q-angle, which had existed prior to service. The EPSBD recommended she be discharged from the service.
The applicant concurred with the EPSBD findings and recommendations and requested to be discharged from the Army without delay on 5 December 1995. The appropriate authority approved her request on 7 December 1995.
Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 3-9, provides for a separation to be described as an entry level separation (uncharacterized) if processing is initiated while a member is in an entry level status.
Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-11 covers the separation of personnel who do not meet procurement medical fitness standards. In pertinent part, it provides that personnel not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who become medically disqualified under these standards prior to entry on active duty or active duty for training for initial entry training, will be separated. Medical proceedings, regardless of the date completed, must establish a medical condition was identified by appropriate military medical authority within 6 months of the soldiers initial entrance on active duty. This medical condition would have permanently or temporarily disqualified them for entry on active duty for initial entry training had it been detected at the time and does not disqualify them for retention in the military service under the provisions of Army Regulation 40-501, chapter 3.
Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, sets forth the medical fitness standards for retention, promotion and separation in the active Army, Army National Guard and the Army Reserve.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. She was on active duty from 25 August to 13 December 1995, a total of 3 months and 19 days. Shortly after entrance on active duty, competent medical authority determined the applicant was medically unfit for entrance on active duty due to a medical condition which was incurred prior to entry on active duty. Accordingly, the applicant was discharged without disability benefits from the Army.
2. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
RVO____ GDP____ JHK_____ DENY APPLICATION
Loren G. Harrell
Director
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