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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

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