Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080005332
Original file (20080005332.txt) Auto-classification: Denied

	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 applicant’s 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 Soldier’s 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 applicant’s 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.



ABCMR Record of Proceedings (cont)                                         AR20080005332





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080005332



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | DRB | CY2013 | AR20130003180

    Original file (AR20130003180.txt) Auto-classification: Denied

    Prior Board Review: None SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 7 February 2007, for a period of 4 years, she was 18 years old at the time of entry, completed the 9th Grade, and completed 1 month, and 10 days of active duty service. 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 Soldier’s initial entrance on active duty, that the condition...

  • ARMY | DRB | CY2006 | AR20060011612

    Original file (AR20060011612.txt) Auto-classification: Denied

    Application Receipt Date: 060811 Prior Review Prior Review Date: None I. On 4 December 2003, the separation authority directed that the applicant be discharged with a characterization of service of uncharacterized. Army Regulation 635-200, provides 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.

  • ARMY | BCMR | CY2015 | 20150000544

    Original file (20150000544.txt) Auto-classification: Denied

    Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was discharged on 25 October 1996, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11 (Separation of personnel who did not meet procurement medical fitness standards), after completing 1 month and 2 days of active duty service, with an "uncharacterized" characterization of service. Paragraph 3-9, in effect at the time of the applicant's separation,...

  • ARMY | BCMR | CY2015 | 20150001687

    Original file (20150001687.txt) Auto-classification: Denied

    A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty that: (1) would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time and (2) does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical...

  • ARMY | BCMR | CY2013 | 20130020049

    Original file (20130020049.txt) Auto-classification: Denied

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * show her prior service * upgrade her uncharacterized discharge * change the narrative reason for separation 2. As a result, in the absence of a breakout of her USNR active and inactive service, there is insufficient evidence to correct her Army DD Form 214 to show her prior Navy service. d. Her narrative reason for separation was assigned based on the fact that she was...

  • ARMY | BCMR | CY2009 | 20090017473

    Original file (20090017473.txt) Auto-classification: Denied

    BOARD DATE: 22 April 2010 DOCKET NUMBER: AR20090017473 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states: * she received an uncharacterized discharge that occurred during basic training * she had a medical examination by a doctor in an orthopedic clinic prior to her enlistment and she had an induction physical both of which she passed * she had a minor injury in 2001 and an orthopedic doctor stated she had recovered and was at 100 percent strength and had use of her...

  • ARMY | DRB | CY2014 | AR20140001759

    Original file (AR20140001759.txt) Auto-classification: Denied

    Whether a Soldier is in initial entry level status is determined at the time of the initiation of the separation action, not when the enlisted Soldier is separated. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable. However, in review of the applicant’s entire service record and the reason for the discharge, these accomplishments did not overcome the reason for discharge and characterization of service granted.

  • ARMY | DRB | CY2013 | AR20130006049

    Original file (AR20130006049.txt) Auto-classification: Denied

    On 26 February 1999, the separation authority approved the separation action and directed the applicant’s discharge with service uncharacterized. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the...

  • ARMY | BCMR | CY2011 | 20110013161

    Original file (20110013161.txt) Auto-classification: Denied

    On 6 December 1996, the medical approving authority approved the findings of the EPSBD and recommended that the she be separated from the service under the provisions of paragraph 5-11 of Army Regulation 635-200 (Personnel Separations). b. paragraph 3-7b, a general discharge is a separation from the Army under honorable conditions. d. paragraph 5-11 that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became...

  • ARMY | BCMR | CY2012 | 20120018637

    Original file (20120018637.txt) Auto-classification: Denied

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her: * years of service as January 2002 to April 2008 vice January to April 2008 * rank/grade as sergeant (SGT)/E-5 vice private (PV1)/E-1 * foreign service for her two tours of Iraq * military occupational specialty (MOS) as 31B (Military Police) vice none * reason for discharge as medical vice failed medical/physical/procurement standards * Purple Heart and Iraq Campaign...