| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Eric N. Andersen | Member | |
| Mr. Hubert O. Fry, Jr. | Member |
APPLICANT REQUESTS: That his uncharacterized discharge be changed to an honorable discharge (HD) by reason of physical disability.
APPLICANT STATES: He enlisted with a clean medical record. While in basic training, he developed abdominal pain on exertion. Medical examination revealed a congenital left varicocele. He was subsequently separated for failure to meet procurement medical standards and given an uncharacterized discharge. He provides no documentation with his application.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years and 15 weeks on 2 January 1990. Following his enlistment, he was sent to Fort Leonard Wood, Missouri for basic training, reporting there on or about 2 January 1990.
While in basic training, the applicant experienced abdominal pain and was referred to the hospital for evaluation and treatment. He was diagnosed with congenital left varicocele, a condition that existed prior to his service (EPTS) and was not discovered during the entrance physical examination process. When therapy failed, he was recommended for separation under the provisions of paragraph 5-11, Army Regulation 635-200, for failure to meet procurement medical fitness standards.
The applicant was separated on 6 March 1990 with an uncharacterized discharge. He had 2 months and 5 days of creditable service.
In the In the processing of this case, an advisory opinion was obtained from the Army review Boards Agency Medical Advisor. The opinion states that the applicant’s condition was caused by a congenital varicose condition of the scrotum and was not detected at his entrance physical. Nonetheless, the condition is disqualifying and the applicant was properly separated. The applicant was provided an opportunity to respond to the advisory opinion, but did not do so.
Army Regulation 635-200, Enlisted Personnel, sets policies, standards, and procedures for the orderly administrative separation of enlisted soldiers. Paragraph 5-11 provides for the separation of enlisted personnel who did not meet procurement medical fitness standards upon enlistment. An entry-level separation is directed (a soldier is in entry level status for the first 180 days of continuous active duty). Such separations are termed "uncharacterized."
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 this requirement.
2. The applicant had an EPTS medical condition that disqualified him from enlistment. This condition was discovered during basic training while the applicant was in an entry-level status. The applicant’s discharge proceedings were conducted in accordance with law and regulations, and the uncharacterized nature of his discharge is commensurate with his entry-level status.
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
_rvo ____ _____hof_ ___ena__ DENY APPLICATION
| CASE ID | AR2001051515 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010726 |
| TYPE OF DISCHARGE | UNCHAR |
| DATE OF DISCHARGE | 19900306 |
| DISCHARGE AUTHORITY | AR 635-200 C5 |
| DISCHARGE REASON | A28.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | DIRECTOR |
| ISSUES 1. | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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