IN THE CASE OF:
BOARD DATE: 1 July 2008
DOCKET NUMBER: AR20080005332
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, in effect, that her uncharacterized discharge be changed to a medical discharge.
2. The applicant states that she was told she was getting a medical discharge. While in basic combat training (BCT) for 6 months, she incurred multiple fractures in both legs and she eventually broke her fibula. As a result, she was unable to complete her training. She was sent to a physical training and rehabilitation program for 3 months and had been recycled twice. She was recycled a third time due to her injuries.
3. The applicant provides no additional documents in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's personnel records contain a copy of a DA Form 2808 (Report of Medical Examination), dated 16 April 2007, which was prepared prior to her entrance on active duty and shows that she was qualified for enlistment with a 111111 physical profile.
2. The applicant enlisted in the Regular Army on 23 April 2007. She was assigned to Fort Jackson, South Carolina, for basic combat training.
3. The facts and circumstances surrounding the applicants discharge are not present in the available records. However, her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that on 12 October 2007 she was discharged under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-11 by reason of failure to meet procurement medical fitness standards with an entry level status uncharacterized discharge. On the day of her discharge, she had completed 5 months and 20 days of creditable active service.
4. Her medical records are unavailable for review.
5. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. 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 entrance on active duty or active duty 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 the Soldiers initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3. The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry level status. Army regulations state that a Soldier is in an entry level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.
6. Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. The unfitness is of such a degree that a Soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.
DISCUSSION AND CONCLUSIONS:
1. In the absence of the discharge proceedings under the provisions of Army Regulation 635-200, paragraph 5-11 based on failure to meet procurement medical fitness standards, the applicant's discharge is presumed to have been administratively correct and in conformance with applicable regulations.
2. The applicant was in an entry level status at the time of her separation from active duty because she had served fewer than 180 days of active Federal service. The determination that the applicants service was uncharacterized was in compliance with Army regulation governing separations of Soldiers while in an entry level status.
3. The applicant has failed to show through the evidence submitted or the evidence of record that the narrative reason for separation issued to her was in error or unjust. Therefore, there is no basis for granting her request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
JS______ WB______ DH______ 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.
JS _______ ___
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.
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