Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 9711356
Original file (9711356.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his uncharacterized discharge be changed to a medical discharge.

APPLICANT STATES : In effect, that he hurt his back while on a field training exercise during the last week of basic training. He completed basic training, but the pain got much worse during advanced individual training (AIT).

EVIDENCE OF RECORD : The applicant’s military records show:

He was born on 20 December 1972. He completed 12 years of formal education. On 19 March 1996, he enlisted in the U.S. Army Reserve. He was ordered to initial active duty for training on 24 April 1996. He completed basic training.

On 2 July 1996, the applicant received a physical profile, due to back pain, preventing him from participating in most of the physical activities required in his AIT.

On 12 August 1996, medical authorities opined that the applicant’s condition was self-limiting and would heal with adequate back rest. They gave the commander two options: retain the soldier under profile conditions until healing occurred, then allow him to resume AIT. If he should fail to heal and his condition became chronic, he would then qualify for a physical evaluation board; or, administratively separate him under Chapter 11, Army Regulation 635-200.

On 15 August 1996, the applicant completed a mental status evaluation. He was found to be depressed and stated he had lost the motivation to train. He was diagnosed with adjustment disorder with depressed mood. Because of the diagnosis, his potential for successful completion of military service was considered to be poor and it was recommended that he be separated.

On 19 August 1996, the commander initiated separation action under the provisions of Chapter 11, Army Regulation 635-200.

The applicant acknowledged the basis for the separation action, requested consulting counsel and declined to submit a statement in his own behalf,

The applicant stated he did not desire a separation medical examination.

The applicant waived all rights to seek medical attention in reference to injuries to his back, sustained while on active duty. He understood that by signing that statement that he would not be entitled to any government support other than that authorized by his Chapter 11 discharge.

On 21 August 1996, the appropriate commander approved the recommendation.

On 22 August 1996, the applicant was discharged, in pay grade of E-1, under the provisions of Army Regulation 635-200, Chapter 11, entry level status performance and conduct. He had completed 3 months and 29 days of creditable active service and had no lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention. The following conditions are illustrations of conduct that does not qualify for retention: cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service. An uncharacterized description of service is required for soldiers in an entry level status.

DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, 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. 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. The attached advisory opinion from the legal advisor to the Army Review Boards Authority verifies that his discharge was legally sufficient.

3. Either the back injury that rendered him unable to successfully complete training because lack of ability or the diagnosed adjustment disorder would have met the conditions of Chapter 11 to make him unqualified for retention. He signed a statement waiving all rights to seek medical attention in reference to his back injuries.

4. The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case.

5. 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

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140010313

    Original file (20140010313.txt) Auto-classification: Denied

    On 13 September 1988, his commander notified him he was initiating action to separate him from the Army prior to the expiration of his current term of service under the provisions of chapter 11 of Army Regulation 635-200 (Enlisted Personnel Separations). There is no evidence a back injury prevented him from passing the APFT. There is no evidence in his military records and he has not provided any substantive evidence showing a back injury or his wife's handicap caused his failure to pass...

  • ARMY | BCMR | CY2014 | 20140013149

    Original file (20140013149.txt) Auto-classification: Denied

    He provided service medical records, dated April 2012, which show he was treated for back pain. Army Regulation 40-501 (Standards of Medical Fitness), chapter 7 (Physical Profiling), provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing and if...

  • ARMY | BCMR | CY2011 | 20110007828

    Original file (20110007828.txt) Auto-classification: Denied

    He further acknowledged that may encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him and that he may make an application to the Army Discharge Review Board (ADRB) or Army Board for Correction of Military Records for an upgrade of his discharge; however, he acknowledged he realized that an act of consideration by either Board does not imply that his discharge would be upgraded. On 27 May 2008, the applicant was discharged...

  • ARMY | BCMR | CY2014 | 20140021273

    Original file (20140021273.txt) Auto-classification: Denied

    He was told that if he accepted a discharge under chapter 11 he could be released in less than 2 months and the discharge would be honorable. The psychological consultation report shows the applicant stated he did not feel he was able to adapt to military life and he was not motivated for further service. c. An uncharacterized separation is an entry-level separation with service uncharacterized if the separation processing is initiated while a Soldier is in entry-level status, except...

  • ARMY | BCMR | CY2001 | 2001061273C070421

    Original file (2001061273C070421.rtf) Auto-classification: Denied

    Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The applicant waived a separation medical examination and no medical records were available other than those that were submitted by the applicant. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001061273SUFFIXRECONDATE BOARDED20020226TYPE OF DISCHARGE(UNCHAR)DATE OF DISCHARGE19960614DISCHARGE AUTHORITYAR635-200 DISCHARGE REASONBOARD DECISION(DENY)REVIEW...

  • ARMY | BCMR | CY2011 | 20110025018

    Original file (20110025018.txt) Auto-classification: Denied

    The applicant requests correction of his record to show he received a medical discharge. A DD Form 2808 (Report of Medical Examination) completed on the same date shows a physician determined that he was qualified for service. The evidence of record does not support the applicant's request for correction of his record to show he received a medical discharge.

  • ARMY | BCMR | CY2013 | 20130006941

    Original file (20130006941.txt) Auto-classification: Denied

    Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action was initiated. The evidence of record shows the applicant's separation action was initiated due to her inability to physically adapt to military service as evidenced by her repeated temporary profiles for stress fractures and her desire to be released from active duty. As she was separated prior to...

  • ARMY | BCMR | CY2013 | 20130013325

    Original file (20130013325.txt) Auto-classification: Denied

    A DA Form 4856, dated 9 January 2013, shows the applicant received his initial counseling for entry in the Fitness Training Unit (FTU). On 10 January 2013, the applicant was counseled by his senior drill sergeant and first sergeant who both informed him that he was being recommended for separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11. It states that SPD code JGA is the appropriate code to assign to Soldiers separated...

  • ARMY | BCMR | CY2010 | 20100000221

    Original file (20100000221.txt) Auto-classification: Denied

    Block 24 (Character of Service) of the applicant's DD Form 214 shows that he received an "Uncharacterized" characterization of service. When a Soldier has received maximum benefit of medical treatment for a condition that may render the Soldier unfit for further military service, the medical treatment facility conducts an MEB to determine whether the Soldier meets the medical retention standards of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3. This is known as the...

  • ARMY | BCMR | CY2004 | 20040010024C070208

    Original file (20040010024C070208.doc) Auto-classification: Denied

    A 17 August 1999 memorandum from the Medical Department Activity indicates that because of her medical condition, left hip stress fracture, she was unable to perform her normal military duties from 16 August 1999 to 23 August 1999 in accordance with the provisions of her profile. A Soldier may be discharged or retired because of medical reasons, e.g., medically unfit for retention, as in the applicant’s case; however, the character of service, honorable, under honorable conditions, etc., is...