IN THE CASE OF:	  

		BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100019011 


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, change of the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 November 2008 to show he was hurt on active duty and that his injury is service-connected.

2.  The applicant states he was hurt on base.  He states some of his paperwork shows the injury was service-connected but it doesn't show it on his
DD Form 214.

3.  The applicant provides copies of his:

* DD Form 214 with a separation date of 18 December 1992
* DD Form 214 with a separation date of 5 November 2008

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 25 April 2008.  He had previously served in the Regular Army for 1 month and 29 days and the Illinois Army National Guard for 1 year, 6 months, and 19 days.  He had never been awarded a military occupational specialty.

2.  The applicant entered active duty on 12 August 2008.


3.  On 18 September 2008, an Entrance Physical Standards Board (EPSBD) evaluated the applicant for left knee pain and ankle instability.  The applicant had a history of left knee problems and had arthroscopic surgery on the knee on 
15 October 2006.  By his third day in the Reception Battalion he started having problems when his knee "popped" causing him to stumble and twist his knee and ankle.  By the 7th day could no longer keep up with the routine.  He was given a profile and sent to Orthopedics who recommended discharge.  He had been unable to participate in any form of training.  

4.  The EPSBD found the applicant could not perform the aerobic portion of the Army physical fitness test, jumps, climbing, marching, or running 3-5 second rushes.  The EPSBD diagnosed him with left knee and ankle pain secondary to left knee injury status post surgery that existed prior to service (EPTS).  The board found the applicant did not meet medical fitness standards for enlistment or induction, the condition was EPTS, and that it was service-aggravated.

5.  On 24 October 2008, the applicant acknowledged that he was informed of the findings of the EPSBD and advised that legal counsel from an Army attorney was available to him or he may consult a civilian attorney at his own expense.  He was further advised that he may request to be discharged from the Army without delay or he may request retention on active duty.  The applicant concurred with the proceedings and requested to be discharged from the Army without delay.

6.  On 5 November 2008, the applicant was discharged by reason of his failure to meet procurement medical fitness standards.  His service was uncharacterized.  He completed 2 months and 24 days of net active service his period.

7.  Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), 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.  Such conditions must be discovered during the first
6 months of active duty and will result in an EPSBD.

8.  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
* the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time

* 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.

9.  Army Regulation 635-200 defines entry level status for USAR Soldiers as the period from enlistment in the USAR until 180 days after beginning training for those Soldiers ordered to initial active duty for training (IADT) for one continuous period.  For those Soldiers ordered to IADT for the split or alternate training option, entry level status ended 90 days after beginning Phase II (AIT).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the reason for his discharge should be changed to show he was hurt on base was considered and found to be without merit.

2.  The applicant's medical condition was discovered within 180 days of him entering active duty.  Therefore, because he was in an entry level status his service was uncharacterized.  He had not completed basic combat training.

3.  A medical condition discovered during the first 6 months of service is referred to an EPSBD.  An EPSBD established that the applicant's medical condition:

* was identified by appropriate medical authority within 6 months of his initial entrance on active duty
* would have permanently or temporarily disqualified him for entry into the military service had it been detected at that time
* did not disqualify him from retention in the service

4.  The applicant was advised that legal counsel from an Army attorney was available to him or he may consult a civilian attorney at his own expense.  He was further advised that he may request to be discharged from the Army without delay or he may request retention on active duty.  

5.  The applicant concurred with the EPSBD proceedings and requested discharge from the Army without delay.  Even now he does not contest the findings of the EPSBD.  Therefore, the applicant's administrative separation was accomplished in compliance with applicable regulation with no indication of procedural errors that would tend to jeopardize his rights.
6.  All requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Further, it is determined that the type of discharge and the reason for separation were appropriate considering all the facts of the case.

7.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20100019011



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ABCMR Record of Proceedings (cont)                                         AR20100019011



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