IN THE CASE OF:	  

		BOARD DATE: 	        16 July 2009

		DOCKET NUMBER:  AR20090002665 


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 an upgrade of her uncharacterized discharge to an honorable discharge.

2.  The applicant states she hurt her feet during basic combat training and was ultimately discharged with an uncharacterized character of service.

3.  The applicant provides a statement, dated 11 February 2009, from an orthopaedic clinic; a copy of a clinical evaluation/assessment report, dated 3 December 2008; a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 2 December 2008; and a statement, dated 2 January 2009, from her mother in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show she enlisted in the Tennessee Army National Guard on 26 April 2008.  She subsequently entered active duty for training (ADT) on 7 October 2008 and proceeded to Fort Leonard Wood, MO, for basic combat training.

2.  Shortly after her arrival at Fort Leonard Wood, the applicant complained of severe pain to her feet and ankle and stated that she suffered a softball injury that damaged her left foot in 2001 and that she had six surgeries performed.  A copy of the applicant's completed and signed DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) is not available for review with this case.
3.  The case analyst of record contacted the Fort Leonard Wood U.S. Army Transition Center on 1 July 2009 and was told the applicant's former unit has been inactivated.  However, an unsigned archived copy of the DA Form 4707 was provided.

4.  The applicant's archived DA Form 4707, dated 7 November 2008, shows she underwent an entrance physical examination where she was diagnosed as having bilateral subtalar joint fusions that existed prior to service and were not aggravated by service.  The evaluating physician recommended on the DA Form 4707 that the applicant should be separated for not meeting the entrance standards of Army Regulation 40-501 (Standards of Medical Fitness).

5.  On 1 December 2008, Headquarters, U.S. Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, MO, published Orders 336-1327 directing the applicant's release from ADT, discharge from the Reserve, and return to her Army National Guard unit effective 2 December 2008.

6.  On 2 December 2008, she was released from active duty accordingly.  The DD Form 214 she was issued shows she was separated under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) paragraph 5-11, by reason of failure to meet procurement medical fitness standards and that her character of service was "entry level status" (uncharacterized).  It shows she completed a total of 1 month and 26 days of creditable service and that she was not transferred to the U.S. Army Reserve, nor did she have a Reserve obligation termination date.

7.  The applicant submitted a copy of a clinical note, dated 3 December 2008 (subsequent to her discharge), that shows she was evaluated at a civilian orthopaedic clinic.  She informed her attending physician that she was injured during basic combat training.  She was diagnosed as having a central band planter fascial tear to each foot, worse on the right foot.

8.  In a statement, dated 2 January 2009, the applicant's mother states, in effect, that she had not received accurate information from her daughter's former chain of command and that the Army's "existed prior to service" diagnosis contradicts the diagnosis her daughter subsequently received by civilian medical personnel.

9.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who are not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty, active duty for training, or initial entry training will be separated.  A medical proceeding conducted by an entrance physical standards board (EPSBD), 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 the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time of enlistment, 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 will normally be honorable, but will be uncharacterized (entry level status) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her uncharacterized discharge should be upgraded to an honorable discharge.

2.  The evidence of record shows the applicant was found medically unqualified for service shortly after reporting for basic combat training.  A copy of the completed EPSBD proceedings is not available for review with this case.  However, an unsigned archived copy clearly established that she suffered from a disqualifying medical condition that existed prior to her service.  Because this condition was identified within her first 180 days of service, her discharge was appropriately characterized as an entry-level character of service (uncharacterized).

3.  In the absence of evidence to the contrary, it is presumed that the applicant concurred with the recommendation of the EPSBD and requested discharge from the Army without delay and that she understood that legal advice of an attorney employed by the Army was available to her and that she also could consult with a civilian counsel at his own expense.  All requirements of law and regulation and the rights of the applicant are presumed to have been fully protected throughout the separation process.

4.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an other than honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.  The entry-level separation is given regardless of the reason for separation.  This uncharacterized discharge is neither positive nor negative; it is not derogatory.  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.

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)                                         AR20090002665



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ABCMR Record of Proceedings (cont)                                         AR20090002665



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