IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100014234 


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 a change to his uncharacterized discharge to an honorable or a medical discharge.

2.  The applicant states:

* an uncharacterized discharge is not recognized as an honorable discharge by most locations, including the Department of Veterans Affairs (DVA) 
* everyone doesn't understand its meaning
* if his discharge reads honorable under medical conditions, he may receive DVA health care treatment
* his service records show he was discharged due to medical reasons for attention deficit hyperactivity disorder (ADHD) and depression
* he had never been diagnosed with depression prior to being in the military
* if he has medical issues that need attention, he feels he should get a medical reason on his discharge so he can get the medical attention/care he needs in the future 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Discharge from Active Duty).


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 July 2009 for a period of
4 years and 21 weeks.

2.  Records show on 15 July 2009 the applicant was diagnosed as having a depressive disorder and ADHD.  

3.  The first page of the applicant's DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) is not available for review.  However, apparently the EPSBD found him medically unfit for enlistment in accordance with current medical fitness standards and determined his condition existed prior to service.  The EPSBD recommended the applicant's separation from the Army for failure to meet medical procurement standards.  The reverse side of the applicant's
DA Form 4707 shows on 11 August 2009 he concurred with the proceedings and requested to be discharged from the U.S. Army without delay.  The unit commander recommended discharge and the discharge authority directed that the applicant be discharged from the Army.

4.  On 21 August 2009, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-11, due to failure to meet medical/
physical/procurement standards.  He had served 1 month and 21 days of total active service.  His character of service was uncharacterized.

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 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 that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), 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.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty.

6.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

7.  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.  Under the laws governing the Army Physical Disability Evaluation System, Soldiers who sustain or aggravate physically unfitting disabilities must meet several line of duty criteria to be eligible to receive retirement and severance pay benefits.  The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or was the proximate cause of performing active duty or inactive duty training.

8.  Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his/her office, rank, grade or rating because of disability incurred while entitled to basic pay.

DISCUSSION AND CONCLUSIONS:

1.  A discharge is not changed for the purpose of obtaining DVA benefits.

2.  The applicant's contentions were noted.  However, it appears in 2009 an EPSBD found the applicant medically unfit for enlistment in accordance with current medical fitness standards and determined that his medical condition existed prior to his entry into military service.  The applicant concurred with these proceedings and requested to be discharged from the Army without delay.  

3.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

4.  In view of the foregoing, there is no basis for granting the applicant's request for a medical or an honorable discharge.


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)                                         AR20100014234



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ABCMR Record of Proceedings (cont)                                         AR20100014234



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