RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070015990 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Rial D. Coleman

Analyst

The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

Member

	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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by upgrading his discharge and changing his characterization of service.

2.  The applicant states, in effect, that his injuries were sustained performing military duties and that the Army took advantage of him when he was a naïve seventeen year-old.  The applicant continues that he is more mature and he wants what he deserves.

3.  The applicant does not provide any additional documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Records show that the applicant enlisted in the Arkansas Army National Guard on 18 March 1992 for a period of 8 years.  He was ordered to initial active duty training for the purpose of attending Basic Training under the alternate (Split) training program with a reporting date of 12 June 1992.

3.  The applicant's DD Form 214 shows that he was separated on 21 July 1992 after completing 1 month and 4 days of active service.  This form further shows that the applicant was separated under the provisions of paragraph 5-11 of Army Regulation 635-200 (Personnel Separations).

4.  Item 24 (Character of Service) of the applicant's DD Form 214 contains the entry "UNCHARACTERIZED."  Item 28 (Narrative Reason for Separation) of this form contains the entry "DID NOT MEET PROCUREMENT MED FITNESS STANDARD NO DISABILITY."

5.  Standard Form 93 (Report of Medical History), dated 4 February 1992, was  completed and signed by the applicant during his enlistment physical examination.  In response to item 20 (Have you ever had any illness or injury other than those already noted?) the applicant disclosed that he received five sutures in his right knee at Newport Hospital.

6.  DA Form 5181 (Screening Note of Acute Medical Care), dated 22 June 1992, shows the applicant sought medical attention at the Troop Medical Clinic for pain in his right knee.  The form also shows the applicant was issued crutches and a temporary (14 days) physical profile against running, jumping, and marching.

7.  DA Form 5181, dated 29 June 1992, shows a staff member at the Troop Medical Clinic cited the fact that the applicant's civilian medical record indicated he had undergone surgery on his right knee on 9 March 1991.  The staff member also referred the applicant to the Winder Health Clinic for further medical examination.

8.  Standard Form 513 (Medical Record Consultation Sheet), dated 
29 June 1992, shows that a physician's assistant at the Troop Medical Clinic referred the applicant to the Winder Health Clinic for further medical examination and requested an evaluation for fitness.  This form further shows that the applicant, in effect, complained that he was unable to play football since having knee surgery and that the pain is worse when he runs.  The form also indicates that the injury existed prior to entering the service (EPTS).

9.  A medical doctor at Newport Hospital prepared a written statement of the applicant's medical history and physical examination, dated 9 March 1991.  This document shows that the applicant sustained multiple injuries to his right knee over the years.  The document further shows these injuries included having an arrow shot into his knee which resulted in a subsequent infection and popping from time to time, stepping in a hole and twisting the knee, and popping his knee out of the socket while playing basketball.

10.  The aforementioned medical doctor at Newport Hospital prepared a written Report of Operation, date 9 March 1991, documenting the surgery he performed on the applicant's right knee.

11.  DA Form 3349 (Physical Profile), dated 30 June 1992, shows the applicant was issued a permanent physical profile restricting him from all physical activities except wearing a helmet, carrying a rifle, walking at his own pace and distance, marching up to two miles, and lifting up to fifteen pounds.

12.  Item 8 (Findings by the Evaluation Physicians) of DA Form 4707 (Entrance Physical Standards Board Proceedings), dated 30 June 1992, shows the applicant was seen during his third week of initial entry training and evaluated for constant right knee pain due to prior surgery that is made worse with training.  The form further shows the physicians determined the applicant did not meet medical fitness standards for enlistment due to a condition that existed prior to entering the service and recommended that he be separated from the Military service under the provisions of paragraph 5-11 of AR 635-200.

13.  Item 21 (Action by Service Member) of DA Form 4707, dated 30 June 1992, shows that on 10 July 1992, the applicant concurred with the proceedings of the board and requested to be discharged from the United States Army without delay.

14.  Headquarters, United States Army Infantry Center, Fort Benning, Georgia Orders Number 198-6, dated 16 July 1992, relieved the applicant from active duty training, discharged him from the Reserve of the Army, and returned him to the control of the Army National Guard effective 21 July 1992.

15.  Military Department of Arkansas, Office of the Adjutant General, Camp Robinson, Arkansas Orders Number 172-030, dated 4 September 1992, show the applicant was discharged from the Army National Guard and as a Reserve of the Army effective 21 July 1992.  The orders further show the type of discharge as "UNCHARACTERIZED".

16.  Item 23 (Authority and Reason) of the applicant's NGB Form 22 (Report of Separation and Record of Service), dated 21 July 1992, shows the applicant was discharged for failing to meet the medical procurement standards of NGR 600-200.  Item 24 (Character of Service) of this form shows the applicant's character of service as "UNCHARACTERIZED".

17.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 5, in pertinent part, provides for the separation or release from active duty of personnel who did not meet procurement medical fitness standards.  Specifically, individuals who have a medical condition that was identified by appropriate military medical authority within six months of the Soldier's initial entry training for the Army National Guard of the United States which would have permanently or temporarily disqualified him or her for entry into the military service or initial entry training had it been detected at the time.  This regulation also stipulates that Soldiers separated under this provision will be awarded an uncharacterized description of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected due to the fact that his injuries were sustained while performing military duties and that the Army took advantage of him when he was a naive seventeen year-old.  Both of these allegations have been carefully considered and found to be without merit.

2.  Medical documentation clearly shows the applicant had an existing medical condition which he failed to disclose prior to entering military service.

3.  The record shows that on 10 July 1992, the applicant concurred with the proceedings of the Entrance Physical Standards Board conducted on 30 June 1992.  At that time, he could have disputed the proceedings and requested to remain on active duty or pursued medical reconsideration based on the injury being aggravated by service.

4.  The applicant's Entrance Physical Standards Board and subsequent discharge were executed in accordance with the regulatory guidance for Soldiers with medical conditions that existed prior to service and were identified by an appropriate military medical authority within six months of the Soldier's initial entry training.

5.  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 did not submit any evidence that would satisfy this requirement.  Therefore, there is no justification for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_JEV____  _TMR __  _JCR____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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.





__James E. Vick__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.