| Mr. | Calvin M. Fowler | Chairperson | |
| Mr. | John N. Stone | Member | |
| Mr. | George D. Paxson | Member |
| Mr. | Loren G. Harrell | Director | |
| Mr. | Joseph A. Adriance | Analyst |
APPLICANT REQUESTS: In effect that his uncharacterized service be upgraded to honorable.
APPLICANT STATES: In effect, that the city of Memphis considers him ineligible for employment until his service is characterized.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered the Regular Army on 10 September 1988 for a period of
4 years at the age of 18.
The applicant’s record indicates that the highest grade he held on active duty was private/E-2 and documents no acts of valor, achievement, or service warranting special recognition.
On 30 September 1988, while in his fourth week of basic training, the applicant was admitted to the Moncrief Community Hospital, Fort Jackson, South Carolina after suffering a training injury. His injury was diagnosed as a recurrent dislocated patella.
On 21 November 1988 a Medical Evaluation Board (MEB) convened at Fort Jackson, South Carolina to evaluate the applicant’s medical condition. After consideration of clinical records, laboratory findings, and physical examination, the MEB found that the applicant suffered from the following condition: recurrent dislocated patella (paragraph 3-3b(1), AR 40-501). The MEB recommended that the applicant’s case be referred to a Physical Evaluation Board (PEB). In the MEB proceedings the applicant expressed his desire not to continue on active duty and concurred with the approved findings and recommendations of the MEB.
On 29 November 1988 a PEB convened and considered the applicant’s case. The PEB found that the applicant had activity limitations imposed by a permanent profile which precluded adequate performance of the normal duties associated with his office, grade, rank or rating. Accordingly, the PEB determined the applicant was unfit for further military service in the rank of private/E-1 with a military occupational specialty (MOS) of 35R. The applicant was advised to contact a Department of Veterans Affairs counselor to learn about available benefits given his service-connected medical condition. The approved findings of the PEB board were that the applicant was physically unfit and they recommended a combined rating of 10 %, and that the applicant be separated from the service with severance pay. Accordingly, 28 December 1988 the applicant was discharged under the provisions of AR 635-40 for physical disability with severance pay with uncharacterized service.
This type of discharge simply means that a soldier was in an entry level status, i.e., in an initial probationary period of service. Any individual who has served for less than l80 days at the time separation action is initiated, and is not being separated for serious misconduct, will be given an uncharacterized discharge. This is not an adverse separation action and denotes only that the individual had less than l80 days on active duty.
Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating. Army Regulation 635-40, paragraph 4-24e (3), in effect at the time, provided that the Army Personnel Command would accomplish necessary actions to separate members found unfit by a PEB by publishing orders and issuing proper instructions to subordinate commands to accomplish separation with severance pay under the provisions of Title 10 of the United States Code, paragraph 1203 or 1206.
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. The Board noted the applicant’s contention that the city of Memphis considers him ineligible for employment. However, this issue is not a matter on which the Board would grant a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process nor is it associated with the discharge at the time of issuance. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
2. The Board noted from the evidence of record that the applicant received an uncharacterized separation while in an entry level status (ELS). The separation authority approved the applicant's discharge as entry level status, with the description of service as uncharacterized. A soldier is in entry level status for the first 180 days of continuous active duty. The purpose of the entry level status is to provide the soldier a probationary period. An honorable discharge is rarely ever granted for an ELS. A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The Board determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.
3. 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.
4. 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
________ ________ ________ DENY APPLICATION
Loren G. Harrell
Director
ARMY | BCMR | CY1997 | 9709310
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. Appendix E of AR 635-40,...
ARMY | BCMR | CY1997 | 199709310C070209
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. On 21 November 1988 a...
ARMY | BCMR | CY1997 | 9709310C070209
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. Appendix E of AR 635-40,...
ARMY | BCMR | CY2003 | 2003085620C070212
APPLICANT REQUESTS: That his physical disability rating be increased to 20 percent or better. On 6 August 1992, a PEB found the applicant to be unfit for left patella dislocation bilateral patella femoral dysfunction and degenerative arthritis, under Veterans Administration Schedule of Rating Disabilities (VASRD) code 5257, with a 10 percent disability rating. Once a soldier is determined to be physically unfit for further military service, percentage ratings are applied to the unfitting...
AF | PDBR | CY2014 | PD 2014 00879
Right Knee Condition. There was no instability of the knee or patella. The Board agreed the record in evidence did not support a rating, under ROM codes.The Board considered a rating under code 5257, (knee/patella instability).
ARMY | BCMR | CY1996 | 9608782C070209
The commander cited the reason for separation as the applicants personality disorder and recommended a description of service as uncharacterized, based on the applicant being in an entry level status. Any individual who has served for less than l80 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will be given an uncharacterized discharge. Army Regulation 635-200 establishes that a soldier separated for a personality...
AF | PDBR | CY2014 | PD-2014-02131
Post-Separation) ConditionCodeRatingConditionCodeRatingExam Left Knee Pain5099-50030%Incomplete Tear, Medial Ligament, Left Knee526010%20050901Other x 0 (Not In Scope)Other x 11 RATING: 0%RATING: 40% *Derived from VA Rating Decision (VARD)dated 20051213(most proximate to date of separation (DOS)). Left Knee Pain . An orthopedic evaluation 7 January 2005 noted left knee range-of-motion (ROM) of extension-flexion of 0-95 degrees (normal 0–140) with tenderness topalpation (TTP) over the...
ARMY | BCMR | CY1997 | 9711215
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. That the Army Physical...
ARMY | DRB | CY1999 | 1999027046
A-2: Counsel Issues: NONE B-l: Other Documents: NONE The Board, being convinced that the characterization of service and the reason for discharge were proper and equitable, voted to deny relief.3. AR Number: 1999027046 INDEX NUMBERS: A9217 Date of Review: 990630 A9445 Character of Service: EL A0100 Date of Discharge: 900319 Authority: AR 635-40 C5 Reason: A0400 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.
ARMY | BCMR | CY1997 | 9711097
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 Board considered the...