IN THE CASE OF:
BOARD DATE: 21 August 2008
DOCKET NUMBER: AR20080006866
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 his discharge be corrected as follows:
a. Change character of service from "uncharacterized" to "general, under honorable conditions."
b. Change the narrative reason for discharge from "physical disability prior to entry on active duty medical board" to "flat feet."
2. The applicant states he should have been given a general discharge because he was enlisted with flat feet and his foot problem got worse while on active duty. He adds that he cannot receive benefits with an uncharacterized discharge.
3. The applicant provides no additional documentation with his request.
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. The applicant enlisted in the US Army Reserve for 8 years on 1 April 1988. He entered active duty for training on 19 May 1988, but was released on 27 July 1988 after just 2 months and 9 days. He had completed basic training, but had experienced foot pain.
3. On 6 June 1989, the applicant re-entered active duty in order to finish his initial active duty for training. He was sent to Fort Lee, VA. At Fort Lee, he again experienced foot pain and was referred to a medical board for evaluation of his condition.
4. A medical evaluation board convened on 30 June 1989 and determined that the applicant suffered from bilateral pes planus valgus and hyperhydrosis. The board recommended discharge under the provisions of Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation) for an existed prior to service (EPTS) medical condition.
5. The applicant agreed with the medical evaluation board's findings and recommendation. On 30 June 1989, he requested discharge. He was provided a VA Form 21-526e (VA Application for Compensation or Pension at Separation from Service).
6. On 5 July 1989, the approving authority approved the applicant's request for discharge and directed he be separated under the provisions of AR 635-40, chapter 5. On 11 July 1989, he was discharged after 1 month and 3 days under the provisions of AR 635-40, chapter 5, by reason of physical disability prior to entry on active duty medical board. His discharge was uncharacterized.
7. AR 635-40 establishes the Army Physical Disability Evaluation System according to the provisions of Title 10, United States Code, Chapter 61, (10 USC 61) and Department of Defense Directive (DODD) 1332.18. It sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. If a Soldier is found unfit because of physical disability, this regulation provides for disposition according to applicable laws and regulations. Chapter 5 provides for separation of enlisted Soldiers for non-service aggravated existed prior to Service (EPTS) conditions. It further states that if the Soldier is in entry level status at the time of processing (less than 180 days of active service), DD Form 214 will describe service as uncharacterized.
DISCUSSION AND CONCLUSIONS:
1. The applicant was an entry-level Soldier determined to have an EPTS medical condition which disqualified him from further service. A medical evaluation board found him unfit and recommended separation. He concurred.
2. AR 635-40 provides that entry-level Soldiers discharged for an EPTS medical condition will be given an uncharacterized discharge.
3. The applicant's DD Form 214 was prepared correctly and contains no errors. Pertinent Army regulations require specific entries in Item 28 (Narrative Reason for Separation). The applicant has not shown error in the preparation of his DD Form 214. In the applicant's case, regulations require and entry of Physical Disability Prior to Entry on Active Duty-Medical Board or Disability, Existed Prior to Service-Medical Board; changing the entry to "flat feet" is not permitted.
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 this requirement.
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) AR20080006866
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ABCMR Record of Proceedings (cont) AR20080006866
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