| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Fred N. Eichorn | Member | |
| Ms. Gail J. Wire | Member |
APPLICANT REQUESTS: That his 1986 separation from active duty be corrected to reflect that he was honorably discharged.
APPLICANT STATES: In effect, that it was not his fault that he could not meet the “physical standards of the U.S. Army” and believes that he is “entitled to an honorable discharge.” Although he provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) he submits no additional evidence in support of his request.
EVIDENCE OF RECORD: The applicant's military records were not available to the Board. Information contained herein was reconstructed from his DD Form 214.
The applicant was a member of the North Dakota Army National Guard when he was ordered to active duty on 14 February 1986 for the purpose of undergoing training. Less than 2 months later, on 1 April 1986, he was released from active duty for failing to meet procurement medical fitness standards. His brief military service was “uncharacterized.”
Army Regulation 635-40, paragraph B-10, provides that hereditary, congenital, and other EPTS (existed prior to service) conditions frequently become unfitting through natural progression and should not be assigned a disability rating unless service aggravated complications are clearly documented or unless a soldier has been permitted to continue on active duty after such a condition, known to be progressive, was diagnosed or should have been diagnosed.
Army Regulation 635-200, paragraph 5-11, provides for the administrative separation of soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment providing that the medical condition is identified by appropriate military medical authorities within 6 months of the soldier’s initial entrance on active duty with the Regular Army. The service of soldiers separated under the preceding provisions is “uncharacterized” for those who are in an entry-level status (within first 180 days of continuous active duty).
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. In the absence of evidence to the contrary the Board presumes that 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. His “uncharacterized” discharge was appropriate in view of the fact that he had less than 180 days of continuous active duty.
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 this 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
__INW __ __FNE __ __GJW__ DENY APPLICATION
| CASE ID | AR2001056926 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010809 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 03095004C070212
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 01 APRIL 2004 DOCKET NUMBER: AR2003095004 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The Board considered the following evidence: Exhibit A - Application for correction of military records. He acknowledged the basis for his separation, requested discharge, and authenticated his separation...
ARMY | BCMR | CY2003 | 2003083905C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 635-40 also provides that individuals who are unfit by reason of physical disability neither incurred nor aggravated during any period of service will be separated without entitlement to benefits. The service of soldiers separated under the preceding provisions is “uncharacterized” for those who are in an entry-level status (within first 180 days of...
ARMY | BCMR | CY2004 | 04102379C070208
After reporting to the medical clinic, he was told that he had back strain and an ankle sprain and that x-rays of his spine showed scoliosis with a “30-degree curvature of the spine and that 20 degrees was the most that they would allow in the Army.” He states the examining physician told him that his condition should have been caught at the entrance station and that he would be processed for discharge. The applicant concurred and requested to “be discharged from the US Army without delay.”...
ARMY | BCMR | CY2001 | 2001063293C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Evidence of record shows the applicant was in an entry level status at the time of his separation from active duty because he had served fewer than 180 days of active Federal service.
ARMY | BCMR | CY2001 | 2001054158C070420
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. EVIDENCE OF RECORD : The...
ARMY | BCMR | CY2002 | 2002076835C070215
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 applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2006 | 20060004068C070205
Chapter 5, paragraph 5-11 specifically provides that Soldiers 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, active duty for training, or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of...
ARMY | BCMR | CY2003 | 2003084378C070212
His service medical records are not available. The Board does not have the applicant's Enlistment Physical Standards Board proceedings or his service medical records to review. The Board also notes that epididymitis is a cause for rejection for enlistment, too.
ARMY | BCMR | CY2001 | 2001056154C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: 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 soldier’s initial entrance on active duty and the condition would have permanently or temporarily disqualified the soldier for entry into the...
ARMY | BCMR | CY2002 | 2002073814C070403
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.