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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. Walter T. Morrison            |     |Member               |
|     |Mr. John T. Meixell               |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, disability separation and that his
uncharacterized discharge be upgraded to honorable.

2.  The applicant states that he injured his left knee while jumping during
a training exercise.  He states that he was told that he would be given an
honorable discharge for medical reasons.  He states that he can no longer
work because of his knee injury but cannot obtain Department of Veterans
Affairs benefits unless his separation document is changed.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on 3
June 1983.  The application submitted in this case is dated 22 July 2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant entered
active duty on 16 March 1983.  While undergoing OSUT (One Station Unit
Training) at Fort Benning, Georgia, the applicant reported to medical
personnel with a complaint of “gradually increasing left knee pain since
the third week of training.”  There is no mention of any specific injury,
which resulted in the pain.

4.  On 17 May 1983 an Entrance Physical Standards Board noted that the
applicant suffered from “Chondromalacia patella left.”  The board concluded
that the applicant’s left knee condition rendered him unfit for enlistment
and recommended that he be discharged.  The applicant concurred and
requested discharge.

5.  On 3 June 1986 the applicant was discharged under the provisions of
Army Regulation 635-200, paragraph 5-11 for failing to meet procurement
medical fitness standards.  The applicant had 2 months and 17 days of
creditable service at the time of his administrative discharge.  The
applicant authenticated his separation document.

6.  Army Regulation 635-200, paragraph 5-11, stated that members who were
not medically qualified under procurement medical fitness standards when
accepted for initial enlistment will be discharged when medical
proceedings, regardless of the date completed, establishes that a medical
condition was identified by appropriate military medical authorities within
6 months of the member’s initial entrance on active duty, which would have
disqualified him for entry into the military service had it been detected
at that time.  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).

7.  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.

DISCUSSION AND CONCLUSIONS:

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.  He acknowledged the basis for his
separation, requested discharge, and authenticated his separation document
indicating that he was being discharge for failing to meet procurement
medical standards and that his service was uncharacterized.  His
“uncharacterized” discharge was appropriate in view of the fact that he had
less than 180 days of continuous active duty.

2.  The fact that he cannot now obtain Department of Veterans Affairs
benefits is not a basis to change the characterization of his service or
the reason for his discharge.

3.  In order to justify correction of a military record the applicant must
show, 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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 June 1983; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 2 June 1986.  However, the applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__FNE __  __WTM  _  __JTM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ____Fred N. Eichorn______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003095004                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040401                                |
|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.       |108.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |