IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110013161 


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 her character of service, separation code, and narrative reason for separation be changed.

2.  The applicant states her records are unjust because she completed Basic Training (BT), Advanced Individual Training (AIT), and all the physical fitness tests that were required of her.  She did not have any problems with her feet until she completed AIT.  She was experiencing sharp pain in her legs and chins.  She was told she was experiencing pain because she did not have arches.  She was discharged and sent home.  She thought she was supposed to receive a medical discharge under honorable conditions.

3.  The applicant provides:

* DD Form 214 (Certificate of Discharge or Release from Active Duty)
* Orders 142-06 
* memorandum of reassignment-intra-station-move
* individual training records from BT
* Certificate of training awarded for completion of BT 
* Certificate of training awarded for completion of AIT
* Permanent Change of Station (PCS) orders 
* separation orders 




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.  The applicant enlisted in the Regular Army on 31 July 1996.  She completed BT.  The highest grade she attained was private/E-1.  

3.  Her military records contain a DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 6 December 1996.  The EPSBD lists the chief complaint as painful feet.  

	a.  She had pain in her feet and lower extremities in August of 1996 while in BT.  Her symptoms became worse with any type of prolonged standing, jumping, or running activities.  Her basic training had to be extended because of her foot pain which made it more difficult for her to pass her final Army Physical Fitness Test (APFT) in BT.  

	b.  She graduated from BT and was put in a holdover status before being placed in AIT.  

	c.  During her fourth week of AIT she was placed in a holdover status due to foot pain and an inability to run.  She was treated with restricted activity and insoles without resolution of her symptoms.

	d.  The medical diagnosis was pes planus (flat feet), symptomatic with plantar fasciitis.  The condition was unresponsive to conservative therapy such as insoles and restricted activity.

	e.  The medical authority stated that her pes planus was a condition that Existed Prior to Service (EPTS) and one that would preclude her from satisfactory completion of the normal physical rigors required for continuous military service.

4.  On 6 December 1996, the medical approving authority approved the findings of the EPSBD and recommended that the she be separated from the service under the provisions of paragraph 5-11 of Army Regulation 635-200 (Personnel Separations). 

5.  On 10 December 1996, the applicant indicated she had been informed of the medical findings.  Additionally, she understood that legal advice of an attorney employed by the Army was available to her or that she could consult civilian counsel at her expense. She concurred with the recommendation of the EPSBD and requested discharge from the Army without delay.

6.  On 10 December 1996, her immediate commander recommended approval of her discharge.

7.  On 10 December 1996, the discharge authority approved her separation from the Army.  Accordingly, she was discharged on 19 December 1996. 

8.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) listed her character of service as uncharacterized and shows she was assigned an RE code of 3 and a Separation Program Designator (SPD) code of "JFW."  The narrative reason for separation was listed as "Failure to Meet Procurement Medical Fitness Standards."  She served on active duty for a total of 141 day.

9.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) provides for the separation of enlisted personnel.  It states in: 

	a.  paragraph 3-7a, 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.

	b.  paragraph 3-7b, a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

	c.  paragraph 3-9, an uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when The Secretary of the Army, on a case-by-case basis, determines that characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  

	d.  paragraph 5-11 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 six 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, 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.

	e.  the SPD/RE Code Cross Reference Table that the RE code of 3 is the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-11 for failure to meet procurement medical fitness standards.

10.  Army Regulation 635-200 defines entry-level status as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that her character of service, separation code, and narrative reason for separation be changed has been carefully considered and determined to lack merit.

2.  Her argument that she passed all of her APFTs is also acknowledged.  However, the EPSBD proceedings show she was evaluated by competent medical authorities and was diagnosed with pes planus.  She was treated with insoles and restricted activity and was, through no fault of her own, unable to meet established medical standards.  

3.  Her discharge under the provisions of Army Regulation 635-200, paragraph 
5-11 based on failure to meet procurement medical fitness standards was administratively correct and in conformance with applicable regulations.

4.  The evidence of record shows she was separated with a separation code of "JFW" and she was assigned an RE code of 3 in accordance with the governing regulation.  Her RE code is based on her reason for discharge and cannot be changed unless the narrative reason for separation is changed.  Her narrative reason for separation was based on her failure to meet procurement medical fitness standards.  She has not established a basis for changing her reason for discharge.  In view of the foregoing, there is no basis for granting relief in this case.

5.  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.  

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)                                         AR20110013161



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ABCMR Record of Proceedings (cont)                                         AR20110013161



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