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Decision Text

ARMY | BCMR | CY1997 | 9711074
Original file (9711074.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his discharge be changed from EPTS (existed prior to entry on service) on feet to disabled on knees.

APPLICANT STATES : That his current discharge is causing him problems in receiving benefits. It has kept him from buying a home.

 EVIDENCE OF RECORD : The applicant’s military records show he was born on 1 November 1973. He completed 12 years of formal education. On 7 May 1993, he enlisted in the Regular Army for 6 years in pay grade E-2. He completed basic training but did not complete advanced individual training.

On 19 October 1993, a medical board evaluated the applicant for his chief complaint involving severe pes valgoplanus (flat foot) of the left and right foot which existed prior to enlistment. The board also noted allergic rhinitis, non-disqualifying, and patellofemoral syndrome (sore knees), non-disqualifying. The opinion of the board was that the applicant was not fit for full duty due to a physical disability which was neither incurred in nor aggravated by a period of active service.

The applicant was informed of the recommendation of the medical board and elected not to submit a statement in rebuttal.

On 1 December 1993, the applicant requested discharge for physical disability based upon the findings and recommendations of a medical evaluation board. He understood that he had the right to have a Physical Evaluation Board consider his case, but he elected not to exercise that right. He also understood that he would be separated by reason of EPTS physical disability.

On 1 December 1993, his commander requested his discharge under the provisions of Army Regulation 635-200, Chapter 5-11 for personnel who did not meet the procurement medical fitness standards.

On 14 December 1993, the appropriate authority approved the recommendation, directed the soldier be discharged under Army Regulation 635-200, Chapter 5-11 and that his service be characterized as honorable.

On 28 December 1993, the applicant was discharged in the pay grade of E-2 under the provisions of Army Regulation 635-200, Chapter 5-11, (did not meet procurement medical fitness standards). He had completed 7 months and 22 days of creditable active service with no lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 5, paragraph 5-11, sets the policy and prescribes procedures for separating members who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty. 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 soldier’s initial entrance of active duty that would have permanently or temporarily disqualified him or her for entry into the military service or entry on active duty had it been detected at that time and does not disqualify him or her for retention. Unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in entry level status.

 DISCUSSION:

 1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2. The honorable characterization of his discharge appears to be erroneous. As he was still in an entry level status, not yet having been awarded a military occupational specialty, it should have been uncharacterized.

3. In view of the foregoing, there appears to be 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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