MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 16 September 1998
DOCKET NUMBER: AC97-05840
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: 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 applicants 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 applicants 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 applicants 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 soldiers 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
ARMY | BCMR | CY1997 | 9705840
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. DISCUSSION : Considering...
ARMY | BCMR | CY2013 | 20130021548
A medical proceeding conducted by an EPSBD, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time of enlistment, and the medical condition does not disqualify the Soldier from retention in the service under...
ARMY | BCMR | CY2010 | 20100022568
On 11 June 2010, he received counseling for his event-oriented injury and his separation from the Army due to a physical injury in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11 (EPTS). A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldiers initial entrance on active duty, that the condition would have...
ARMY | BCMR | CY2013 | 20130013614
He points out that Department of Defense Instruction (DODI) 1332.38 (Physical Disability Evaluation) states service members who are identified with nonwaived medical conditions or physical defects that existed prior to service (EPTS) may be administratively separated without referral into the Disability Evaluation System when the medical condition meets the following: * the medical impairment is identified prior to or within 180 days of the members initial entry on active duty or active...
ARMY | BCMR | CY2004 | 20040007342C070208
Comments on that report indicate that the applicant stated that a Soldier jumped on his back and he heard a “pop;” that his condition existed prior to his service (EPTS) in that he injured his back while carrying an engine block; and that his EPTS condition was service aggravated. The evidence that the applicant submits shows that the applicant complained of back pain within three weeks after being ordered to active duty for training, apparently because a Soldier jumped on his back. ...
ARMY | BCMR | CY2010 | 20100019011
The applicant requests, in effect, change of the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 November 2008 to show he was hurt on active duty and that his injury is service-connected. Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provides that Soldiers who...
ARMY | BCMR | CY2011 | 20110013161
On 6 December 1996, the medical approving authority approved the findings of the EPSBD and recommended that the she be separated from the service under the provisions of paragraph 5-11 of Army Regulation 635-200 (Personnel Separations). b. paragraph 3-7b, a general discharge is a separation from the Army under honorable conditions. d. paragraph 5-11 that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became...
ARMY | BCMR | CY2011 | 20110023159
His DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 9 November 1994, shows: a. A medical proceeding conducted by an EPSBD, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time of...
ARMY | BCMR | CY2010 | 20100010136
On 20 August 2008, the applicant concurred with the EPSBD Proceedings in Item 21 (Action by Service Member) of the DA Form 4707 and requested to be discharged from the Army without delay. This portion of the EPSBD Proceedings also provided the applicant the opportunity to concur with the proceedings and request retention on active duty; to disagree with the proceedings because his condition did not exist prior to service; or to disagree with the proceedings because his condition was not...
ARMY | BCMR | CY2011 | 20110009678
The applicant requests reconsideration of an earlier request that her U.S. Army Reserve (USAR) discharge be changed from uncharacterized to honorable. There is no evidence of record that shows she completed AIT. However, she provided her EPSBD proceedings which indicate in 1986 the EPSBD found her medically unfit for enlistment in accordance with current medical fitness standards and determined her foot condition existed prior to her entry into military service.