APPLICANT REQUESTS: That his record be corrected to show that his characterization of service was honorable.
APPLICANT STATES: In effect, that his disability was service aggravated; that he was denied educational benefits; and that he was not aware of the type of discharge he would receive prior to his separation.
EVIDENCE OF RECORD: The applicant's military and medical records show:
On 18 March 1994, he enlisted in the Regular Army.
On 19 April 1994, Entrance Physical Standard Board (EPSBD) Proceedings indicate that the applicant complained of and was treated for painful arches during his second week of Basic Combat Training. The EPSBD found that he had symptomatic pes planus, which had existed prior to service, and caused him to not meet medical fitness standards for enlistment and was not service aggravated. The EPSBD recommended his discharge.
On 28 April 1994, he concurred with the proceedings and requested discharge without delay.
On 6 May 1994, he was discharged. The character of his service was uncharacterized. His Report of Separation indicates he had 1 month and 19 days of creditable service.
On 9 December 1996, the Army Discharge Review Board found his discharge to be proper and equitable and denied his request for upgrade.
Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel. Chapter 5 covers the separation of personnel for the convenience of the Government, while paragraph 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 that a medical condition was identified by appropriate military medical authority within 6 months of the soldiers initial entrance on active duty, which would have permanently or temporarily disqualified them for entry on active duty for initial entry training had it been detected at that time and does not disqualify them for retention in the military service under the provisions of Army Regulation 40-501, chapter 3. The proper characterization of service is uncharacterized.
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. 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.
2. He was on active duty from 18 March to 6 May 1994, a total of 1 month and 19 days. Shortly after entrance on active duty, competent medical authority determined that the applicant was medically unfit for entrance on active duty due to a medical condition which was incurred prior to active military service. Accordingly, the applicant was discharged without disability benefits from the Army.
3. In view of the foregoing, there is no basis for granting the applicants 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
DENY APPLICATION
Karl F. Schneider
Acting Director
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