BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100014952 


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, a medical discharge.

2.  The applicant states:

* His discharge reads "undetermined" and it should be a medical discharge
* He was discharged for a knee injury suffered while serving in the military

3.  The applicant provides no documentary evidence in support of his application.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Medical records show the applicant injured his right knee and underwent a right medial meniscectomy in 1985.  He underwent a Military Entrance Processing Station (MEPS) evaluation in 1988 with an orthopedic evaluation on
8 July 1988.  At the time of the orthopedic evaluation, all the applicant's civilian medical records were made available and the civilian orthopedic evaluation found a normal knee and normal x-rays of the right knee.

3.  The applicant enlisted in the Regular Army on 21 August 1989 for a period of
4 years.

4.  Records show the applicant twisted his right knee in the shower during the first week of basic training.

5.  Records contain a DA Form 4740 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 28 August 1989.  This form shows the applicant was diagnosed as having bilateral knee instability, right greater than left.  The EPSBD found the applicant 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.  On 12 September 1989, the applicant concurred with the proceedings and requested discharged from the U.S. Army without delay.  The unit commander recommended discharge and the discharge authority directed the applicant's discharge from the Army.

6.  On 21 September 1989, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-11, due to failure to meet procurement medical fitness standards - no disability.  He had served 1 month and 1 day of total active service.  His character of service was "uncharacterized."

7.  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.

8.  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.

9.  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.  The applicant's contentions were noted.  However, in 1989 an EPSBD found him medically unfit for enlistment in accordance with current medical fitness standards and determined that his right knee 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.  

2.  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.

3.  In view of the foregoing, there is no basis for granting the applicant's request for a medical 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)                                         AR20100014952



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ABCMR Record of Proceedings (cont)                                         AR20100014952



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