IN THE CASE OF:
BOARD DATE: 13 May 2008
DOCKET NUMBER: AR20080004000
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 uncharacterized discharged be changed to honorable or general, under honorable conditions.
2. The applicant states that he was not dishonorably discharged, or discharged under other than honorable conditions. He further states that his uncharacterized discharge is causing him problems in his current field of work. He explains that he injured his knee while running and that during the resulting medical examination an underlying cause was found and he was medically separated.
3. The applicant provides no supporting documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 14 February 1990, the applicant enlisted in the Regular Army for 3 years. He was assigned to Fort Sill, Oklahoma, for basic combat training and advanced individual training in a field artillery military occupational specialty.
3. While still in the Basic Combat Training Course, the applicant suffered pain in his right knee while running. Upon medical examination, he was diagnosed with having a synovial osteocalcanosis of the right patella [multiple calcifications about the right kneecap]. It was also noted that he had undergone surgery prior to entry on active duty for a similar condition of his left knee.
4. On 17 May 1990, an Entrance Physical Standards Board convened to evaluate the applicants physical condition. It found that he had pain in his right knee while running and that conservative therapy provided no relief. Further examination found that his condition was congenital and existed prior to his entry into military service.
5. On 23 May 1990, the applicant concurred with the findings of the proceeding and requested to be discharged without delay.
6. On 23 May 1990, the applicants company commander recommended that he be separated. The appropriate authority approved the recommendation. Accordingly, the applicant was discharged on 1 June 1990, under the provisions of Army Regulation 635-200, paragraph 5-11, for not meeting procurement medical fitness standards. His service was uncharacterized.
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 5 of that regulation provided authorization for separation for the convenience of the government. This regulation further provided that no Soldier would be awarded a characterization of service if in an entry level status. [Entry level status pertained to those individuals who were undergoing basic training or advanced individual training and had not yet been awarded a military occupational specialty.] Paragraph 5-11, provided for a discharge based upon failure to meet procurement medical fitness standards.
DISCUSSION AND CONCLUSIONS:
1. The applicants administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
2. The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.
3. There are no provisions authorizing a characterization for the applicants short period of service. It is unfortunate that his status may be causing him difficulty with his current employment, but the record clearly documents that he was discharged due to not meeting the medical fitness standards required for military service.
4. 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 the aforementioned requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ 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.
_ ____X___ ___
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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080004000
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