BOARD DATE:	  3 April 2012

		DOCKET NUMBER:  AR20110020045 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by:

* changing the entry in item 24 (Character of Service) from "uncharacterized" to "honorable"
* changing the entry in item 28 (Narrative Reason for Separation) to "medical"

2.  He states the Department of Veterans Affairs (VA) Regional Office, Seattle, WA, has granted him a 20-percent disability rating due to service-connected conditions.

3.  He provides a letter from the VA Regional Office, Seattle, WA; his DD Form 214; and a VA identification card.

CONSIDERATION OF EVIDENCE:

1.  On 20 January 2010, the applicant enlisted in the U.S. Army Reserve (USAR).  On 6 April 2010, he entered active duty for initial entry training.

2.  A DA Form 2173 (Statement of Medical Examination and Duty Status) shows he was seen as an outpatient at Moncrief Army Community Hospital, Fort Jackson, SC, on 3 May 2010 for an injury he stated he incurred while participating in training.  The form shows he was diagnosed with joint pain localized in his right knee and compression arthralgia – pelvis/hip/femur left.

3.  On 8 June 2010, he underwent a self-referred mental health evaluation.  The examining psychiatric nurse practitioner diagnosed him as having an adjustment disorder with mixed anxiety and depressed mood and found him mentally competent to understand and participate in any administrative action deemed appropriate, to include separation in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17.  The psychiatric nurse practitioner recommended expediting his discharge.

4.  On 16 June 2010, his commander notified him he was initiating action to separate him under the provisions of Army Regulation 635-200, paragraph 5-17, for other designated physical or mental conditions based on his diagnosis of adjustment disorder with mixed anxiety and depressed mood.  His commander informed him he was recommending an entry-level separation with an uncharacterized discharge.

5.  On 16 June 2010, he acknowledged he had been advised of the basis for the contemplated action to separate him and its effects, the rights available to him, and the effect of any action taken by him in waiving his rights.  He waived consideration of his case by an administrative separation board and personal appearance before such a board.  He elected not to submit statements in his own behalf and waived his right to counsel.

6.  On 17 June 2010, the separation authority approved his separation and directed his service be characterized as "entry level (uncharacterized)."  On 23 June 2010, he was discharged accordingly.

7.  His DD Form 214 shows in:

* item 24 – "uncharacterized"
* item 25 – "Army Regulation 635-200, paragraph 5-17"
* item 28 – "condition, not a disability"

8.  His record is void of documentation showing any exceptional personal conduct or performance of duty.

9.  His record is void of documentation showing he was diagnosed with any unfitting medical conditions.

10.  On 10 June 2011, the Army Discharge Review Board informed him his request for a change in the character of and/or reason for his discharge was denied.

11.  He provides a letter from the VA Regional Office, Seattle, WA, showing he was given a combined service-connected disability rating of 20 percent for thoracolumbar strain (claimed as back condition) and right knee osteochondral injury with degeneration and tears of anterior and posterior horns of the lateral meniscus effective 24 June 2010.

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

	a.  Chapter 3 describes the different types of characterization of service.  It states 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 an entry-level status, except when characterization under other than honorable conditions 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.

   b.  The regulation states a member of a Reserve Component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve Component.  Entry-level status of such a member of a Reserve Component terminates 180 days after beginning training if the Soldier is ordered to active duty for training (ADT) for one continuous period of 180 days or more or 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.

	c.  Paragraph 5-17 provides that Soldiers may be separated for mental conditions not amounting to disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) that potentially interfere with assignment to or performance of duty.

13.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the narrative reasons for separation to be entered in item 28 of the DD Form 214.  It states the narrative reason for separation for Soldiers discharged under the provisions of Army Regulation 635-200, paragraph 5-17, is "condition, not a disability."

14.  Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations.

	a.  The regulation states the mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability.  In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of his or her office, grade, rank, or rating against medical retention qualification standards established in Army Regulation 40-501 (Standards of Medical Fitness).

	b.  Soldiers must be referred to the PDES.  If a treating physician believes a Soldier is unable to perform full military duty or is unlikely to be able to do so within a reasonable period of time – normally 12 months – the Soldier is referred to a medical evaluation board (MEB) at the medical treatment facility where treatment is being provided.  The MEB is an informal process comprised of at least two physicians who compile, assess, and evaluate the medical history of a Soldier and determine if the Soldier meets or will meet retention standards.  If the Soldier meets retention standards, the Soldier is returned to duty in his/her respective or current military occupational specialty.  If the Soldier does not meet retention standards, the case will be referred to a physical evaluation board for further disposition and determination of fitness.

15.  Title 38, U.S. Code, sections 1110 and 1131, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not empowered by law to determine medical unfitness for further military service.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.  The VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.  However, these changes do not call into question the Army's application of fitness standards.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his DD Form 214 to change his characterization of service to honorable or to change the reason for his separation to "medical."

2.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an other than honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.  The entry-level separation is given regardless of the reason for separation.  This uncharacterized discharge is neither positive nor negative.  It simply means the Soldier did not serve on active duty long enough to qualify for a specified characterization of service.

3.  There is no evidence showing unusual circumstances of personal conduct and performance of military duty that would have warranted the Secretary of the Army's approval of an honorable characterization of service.

4.  The record is void of documentation showing he was diagnosed with any conditions of sufficient severity to warrant referral to the PDES.

5.  A VA service-connected disability rating does not establish entitlement to discharge from the Army for medical reasons.  The VA awards ratings because a medical condition is "service connected" and affects the individual's civilian employability.  Operating under its own policies and regulations, the VA has neither the authority nor the responsibility for determining medical unfitness for military duty.  Furthermore, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.

6.  He was discharged under the provisions of Army Regulation 635-200, paragraph 5-17.  All requirements of law and regulation were met and his rights were fully protected throughout the separation process.  The authority for his discharge required entry of "condition, not a disability" as the narrative reason for separation on his DD Form 214.

7.  In view of the foregoing, there is no basis for granting the requested relief.

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 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)                                         AR20110020045



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ABCMR Record of Proceedings (cont)                                         AR20110020045



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