IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20080003056 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his discharge be changed to honorable.  He also requests award of the Army Service Medal (correctly known as the Army Service Ribbon) and the "A.O.S.M."

2.  The applicant states, in effect, that all he wants is what he earned, no more and no less.  He wanted to be in the Army all his life and serve his country.  He states that he got hurt and that put him out of the service.

3.  The applicant provides no additional documentation in support of this case.

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.  The applicant enlisted in the Regular Army on 28 May 1991 and did not successfully complete basic training.

3.  A DA Form 3647 (Inpatient Treatment Record Cover Sheet), dated 19 July 1991, shows that surgery was performed on the applicant for loose bodies, right knee, secondary to diagnoses and late effect of chondral fracture, medial facet, patella, and lateral trochlear ridge right.

4.  On 19 July 1991, an Entrance Physical Standards Board (EPSBD) convened at Martin Army Medical Community Hospital to evaluate the applicant.  The EPSBD Proceedings (DA Form 4707) noted "25 year old white male had right patella dislocated age 16 with recurrence during Basic Combat Training."  The EPSBD found the applicant did not meet retention standards due to right patella dislocated in training with pain, popping, and swelling.  The EPSBD recommended that the applicant not be retained in service based on his diagnosed medical condition (existed prior to service).  The medical approving authority approved the findings and recommendations of the EPSBD on 24 July 1991.  

5.  On 31 July 1991, the applicant concurred with the EPSBD Proceedings in Item 21 (Action by Service Member) of the DA Form 4707 and requested to be discharged from the Army without delay.  This portion of the EPSBD Proceedings also provided the applicant the opportunity to concur with the proceedings and request retention on active duty; to disagree with the proceedings because his condition did not exist prior to service; or to disagree with the proceedings because his condition was not disqualifying on entry and was aggravated by service.  He did not indicate that he disagreed with the findings.

6.  The unit commander recommended that the applicant be separated based on the EPSBD results by signing Item 25 (Action by Unit Commander) of the DA Form 4707.  On 31 July 1991, the separation authority approved the applicant’s separation by signing Item 29 (Action by Discharge Authority) of the DA Form 4707.  

7.  On 6 August 1991, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 5-11, by reason of failure to meet procurement medical fitness standards.  He had completed a total of 2 months and 9 days of creditable active service.  His character of service was listed as uncharacterized.




8. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, with the period ending 
6 August 1991, shows the entry "NA."  Item 9 (Awards, Decorations and Campaigns) of DA Form 2-1 (Personnel Qualification Record - Part II) (erroneously) shows award of the Army Service Ribbon; however, it was lined through.  It also does not show award of the A.O.S.M.

9.  The applicant applied to the Army Discharge Review Board (ADRB) to upgrade his discharge.  On 22 April 1996, the ADRB reviewed and denied the applicant's request for upgrade.  The ADRB unanimously voted that the applicant's discharge was proper and equitable.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-11 of that regulation provides, in pertinent part, that a Regular Army member may be separated for not meeting medical procurement standards if the condition is identified by appropriate medical authorities within 6 months of the Soldier’s initial entrance on active duty.  

11.  Army Regulation 635-200 states that unless the reason for separation requires a specific characterization, a Soldier will be awarded an uncharacterized description of service if in an entry-level status.  (For Regular Army Soldiers, entry-level status is the first 180 days of continuous active service.)

12.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  

13.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  The "A.O.S.M." is not listed as an Army award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that that his discharge should be changed to honorable.  However, evidence of record shows that he was discharged under the provisions of chapter 11 of Army Regulation 635-200, by reason of failure to meet procurement medical fitness standards.  He agreed with the proceedings and requested to be discharged from the Army.  


2.  Evidence shows that the applicant was properly and equitably discharged in accordance with the regulations in effect at the time.  An uncharacterized discharge merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

3.  Evidence of record shows that the applicant did not successfully complete his initial entry training.  Therefore, he is not eligible for award of the Army Service Ribbon.  It is also noted that his DA Form 2-1 erroneously showed award of the Army Service Ribbon, which was appropriately lined through.  

4.  The "A.O.S.M." is not listed in Army Regulation 600-8-22 as an authorized award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  ___xx___  ___xx___  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.




      __________xxx__________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080003056



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ABCMR Record of Proceedings (cont)                                         AR20080003056



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