IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100015368 


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, correction of his records to show he was medically discharged under honorable conditions. 

2.  The applicant states the Army was not clear as to the real reason for his discharge.  He states that the evidence he provides shows he should have been medically discharged.  He requests expeditious action on the correction and upgrade of his discharge because he has a job at the U.S. Department of Agriculture starting in September 2010.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and Department of Veterans Affairs (VA) Rating Decision.

CONSIDERATION OF EVIDENCE:

1.  A DD Form 2807-1 (Report of Medical History), dated 6 February 2008, completed during the applicant's pre-enlistment medical examination, shows in item 29 (Explanation of "Yes" Answers) the applicant acknowledged he received emergency room medical treatment for a superficial injury to his right hand at age 20 and that he had chickenpox.  The applicant certified with his signature that the information on this form was true and complete.


2.  A DD Form 2808 (Report of Medical Examination), dated 6 February 2008, completed during the applicant's pre-enlistment medical examination that shows in item 74a (Examinee/Applicant) the examining physician found the applicant qualified for military service.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) for a period of
8 years on 8 February 2008.  He was discharged from the USAR on 19 February 2008 and he enlisted in the Regular Army for a period of 4 years on 20 February 2008.

4.  The applicant was admitted to the Moncrief Army Community Hospital, Fort Jackson, SC, on 1 June 2008 with a diagnosis of inflammatory bowel disease (IBD), most likely Crohn's disease [an inflammation of the digestive system].  His family history revealed that his mother had ulcerative colitis [a disease that causes ulcers in the lining of the rectum and colon; it is one of a group of diseases called IBD and tends to run in families].  The applicant received treatment and was discharged from the hospital on 12 June 2008. 

5.  A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 4 August 2008, shows the EPSBD found the applicant was medically unfit for enlistment in accordance with current medical fitness standards.  It also shows the applicant was diagnosed with chronic colitis and in the opinion of the evaluating physicians the applicant's condition existed prior to service.  The EPSBD recommended the applicant be separated from the U.S. Army as retention was not practical:

   a.  The medical approving authority approved the EPSBD proceedings and the applicant was informed of the results.

   b.  On 12 August 2008, the applicant concurred with EPSBD proceedings and requested retention on active duty.

   c.  The company commander recommended retention of the applicant.

   d.  On 16 August 2008, the separation authority directed that the applicant be discharged with an uncharacterized separation of service.

6.  Headquarters, U.S. Army Basic Combat Training Center of Excellence, Fort Jackson, SC, Orders 232-1311, dated 19 August 2008, reassigned the applicant to the U.S. Army Transition Point for separation processing and discharge on
21 August 2008.  The additional instructions show "Percentage of Disability:  None."

7.  A DD Form 214 shows the applicant was discharged on 21 August 2008 under the provisions of Army Regulation 635-200, paragraph 5-11, and his service was "uncharacterized."  At the time he had completed 6 months and 
2 days of net active service.

8.  On 6 October 2008, the applicant submitted a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) to the Army Discharge Review Board (ADRB) requesting an upgrade of his uncharacterized discharge in order to qualify for VA educational benefits.  After consideration of the applicant's request, military records, and all other available evidence, the ADRB determined that the character and reason for the applicant's discharge were proper and equitable and unanimously voted not to change it.

9.  In support of his application, the applicant provides copies of his VA Rating Decision, dated 7 May 2010, that shows his service connected condition of chronic colitis (previously assigned 0%) continued to deteriorate and the VA increased the assigned percentage to 10% effective 3 March 2010.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel:

	a.  Chapter 5 (Separation for Convenience of the Government), paragraph
5-11, 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 entry on active duty or active duty for training for initial entry training, may be separated.  Such conditions must be discovered during the first six months of active duty and will result in an EPSBD, which must be convened within the Soldier's first six months of active duty.

	b.  Paragraph 3-7 (Types of administrative discharges/character of service) 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.  Only the honorable characterization may be awarded to a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted.

	c.  Section II (Terms) of the glossary states that for Regular Army Soldiers, entry-level status is the first 180 days of continuous active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show he was medically discharged under honorable conditions based on his medical condition that manifested during his military service. 

2.  The evidence of record shows that within less than 4 months of his enlistment in the Army, the applicant was admitted to the hospital with a diagnosis of inflammatory bowel disease most likely Crohn's disease.  In addition, the applicant acknowledged a family history of ulcerative colitis.  

3.  The evidence of record shows an EPSBD was convened within the applicant's first 6 months of active service and found the applicant's condition medically disqualifying under procurement medical fitness standards.  The evidence of record also shows that prior to the applicant completing 180 days of active service the separation authority directed that the applicant be discharged with an uncharacterized service.

4.  Records confirm the applicant's separation under the provisions of Army Regulation 635-200, paragraph 5-11, was administratively correct and in compliance with applicable regulations in effect at the time.  In addition, records show the applicant was properly and equitably separated from active duty.
Therefore, he is not entitled to correction of his records to show he was medically discharged under honorable conditions. 

5.  As a matter of information, the ABCMR does not change discharges solely to enhance an individual's eligibility for veteran's benefits or employment.

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)                                         AR20100015368



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ABCMR Record of Proceedings (cont)                                         AR20100015368



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