| Mr. Loren G. Harrell | Director | |
| Mr. Joseph a. Adriance | Analyst |
| Mr. Franklin R. Taylor | Chairperson | |
| Ms. Karen J. Newsome | Member | |
| Mr. Ted S. Kanamine | Member |
APPLICANT REQUESTS: In effect, that his reason for discharge be changed to reflect discharge due to medical condition.
APPLICANT STATES: In effect, that he injured his back during basic training, was treated at the hospital, and was discharged as an EPTS; and that he had no back problems prior to entering the Army.
EVIDENCE OF RECORD: The applicant's military records show:
On 5 June 1996 the applicant enlisted in the Army Reserves for a period of
8 years. On 7 August 1996 he reported to Fort Leonard Wood, Missouri to begin his 13 weeks of One Station Unit Training.
The applicant’s record indicates the highest rank held on active duty was private/E-1 and documents no acts of valor, achievement, or service warranting special recognition.
On 21 August 1996 a DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) was prepared which documented the results of an EPSBD conducted on the applicant. The EPSBD concluded the applicant suffered from low back pain with spondylolisthesis. Grade I, LS, and that their impression was this condition existed prior to service (EPTS). The EPSBD further found that the applicant’s condition precluded satisfactory completion of basic training with all the normal physical rigors required for continued military service; and that he was unfit for duty as required under the provisions of
AR 40-501, chapter 2-36 (m). The Board recommended that the applicant be expeditiously discharged from the service for his EPTS condition; and that he be placed on duty limitations until this separation could be accomplished. On
4 September 1996 the appropriate medical authority approved the findings of the EPSBD. On 11September 1996 the applicant concurred with the EPSBD findings and requested to be discharged from the Army without delay, and the applicant’s unit commander recommended approval of his request for discharge.
On 13 September 1996 the appropriate authority approved the separation action and directed the applicant be discharged with uncharacterized service based on his still being in an entry level status. A soldier is in entry level status for the first 180 days of continuous active duty. Accordingly, on 19 September 1996 the applicant was discharged after completing 1 month and 13 days of active service.
There is no evidence that the applicant applied to the Army Discharge Review Board (ADRB) for a change to the reason for his discharge.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-11, of that regulation provides, in pertinent part, that a regular Army member may be separated for not meeting medical procurement standards if the condition is identified by appropriate medical authorities within 6 months of the soldier’s initial entrance on active duty. The appropriate characterization of service for soldiers separated under these provisions within their first 180 days of active duty (Entry Level Status) 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. The proceedings of the Enlistment Physical Standards Board (EPSBD) revealed that the applicant had a medical condition that was disqualifying for enlistment and that it existed prior to entry on active duty. Subsequently, these findings were approved by competent medical authority. The applicant agreed with these findings and the proposed action for administrative separation from the Army. The Board was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process. In addition, the evidence of record shows that the applicant received an uncharacterized separation while in an entry level status (ELS).
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
________ ________ ________ DENY APPLICATION
Loren G. Harrell
Director
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