IN THE CASE OF:	  

		BOARD DATE:	  26 July 2012

		DOCKET NUMBER:  AR20120001193 


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 records to show he was medically discharged with an honorable discharge.

2.  The applicant states he was found physically fit when he took his physical examination to enter the Army in February 1985.

	a.  He was assigned to the 4th Training Brigade, Fort Knox, KY.  During basic combat training he told his drill sergeant he had fallen and hurt his back.  He also states he hurt his back filling sandbags.

	b.  He was instructed to go the medical treatment facility (MTF).  A colonel at the MTF informed him that his service in the Army was going to be short because of his back injury.

	c.  He was processed for separation and discharged with an entry level separation with service uncharacterized.

	d.  He adds that a Veterans Service Officer informed him he was discharged because of low Armed Services Vocational Attitude Battery (ASVAB) scores.  However, if that was the case, he would not have been allowed to enter the Army.

	e.  He states he has chronic back pain and correction of his discharge will allow him to obtain government medical benefits.


3.  The applicant provides no additional documentary evidence.

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.  A Standard Form (SF) 93 (Report of Medical History), dated 7 February 1985, completed during the applicant's pre-enlistment medical examination, shows in:

	a.  item 8 (Statement of Examinee's Present Health and Medications Currently Used - Present Health), the applicant entered "I am in excellent health."

	b.  response to the question:

* "Have you ever had or have you now," the applicant placed a checkmark in the "No" column for recurrent back pain
* "Have you ever been rejected for military service because of physical, mental, or other reasons?" the applicant entered "failed ASVAB - 83"

	c.  item 25 (Physician's summary and elaboration of all pertinent data) shows he entered:

* no surgery or fractures
* no back or knee trouble
* cuts left knee, right arm, and left index finger
* failed ASVAB - 1983

	d.  The applicant and examining physician each placed their signature on the document.


3.  An SF 88 (Report of Medical Examination), dated 7 February 1985, completed during the applicant's pre-enlistment medical examination, shows in item 77 
(Examinee) the examining physician found the applicant qualified for enlistment.

4.  The applicant enlisted in the Regular Army (RA) on 28 February 1985 for a period of 4 years.

5.  A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 20 March 1985, shows the EPSBD found the applicant was medically unfit for enlistment in accordance with current medical fitness standards.

	a.  The findings by the evaluating physician shows:

* Brief summary of present illness:  Back pain
* Brief summary of past medical history:  Back pain as roofer prior to entering service
* Diagnosis:  Chronic lumbar pain - service member does not meet induction standards

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

	c.  On 27 March 1985, the applicant concurred with the EPSBD proceedings and requested discharge without delay.

	d.  The company commander recommended approval of the applicant's separation.

	e.  On 3 April 1985, the separation authority directed the applicant be discharged from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11 (Separation of personnel who did not meet procurement medical fitness standards).

6.  Orders 65-200, issued by Headquarters, U.S. Army Armor Center, Fort Knox, dated 3 April 1985, discharged the applicant from the RA, effective 8 April 1985.

7.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 8 April 1985 under the provisions of Army Regulation 635-200, paragraph 5-11, for failing to meet medical fitness standards - no disability, and his service was "uncharacterized."  He completed 1 month and 11 days of net active service this period.  Item 21a (Signature of Member Being Separated) shows the applicant placed his signature on the document.

8.  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 6 months of active duty.

	b.  Chapter 3, 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 RA Soldiers, entry-level status is the first 180 days of continuous active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he was medically discharged with an honorable character of service based on an injury he sustained during basic combat training.

2.  Records show that within 1 month of his enlistment in the Army, the applicant was diagnosed with chronic lumbar pain.  His EPSBD proceedings also show he had a history of back pain prior to entering military service.


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 (chronic back pain) medically disqualifying under procurement medical fitness standards.  He concurred with the EPSBD proceedings; he did not contest that the EPSBD incorrectly stated his back pain started while he was a roofer prior to entering service.  The evidence of record also shows that prior to the applicant completing 180 days of active service the separation authority directed the applicant be discharged with service uncharacterized.

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 with an honorable discharge.

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.

6.  The ABCMR does not grant requests for upgrade of discharges solely for the purpose of making the applicant eligible for veterans' benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.  Additionally, the granting of veterans' benefits is not within the purview of the ABCMR.  Any questions regarding eligibility for health care (and other benefits) should be addressed to the Department of Veterans Affairs or appropriate government agency.

7.  In view of all of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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 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)                                         AR20120001193



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ABCMR Record of Proceedings (cont)                                         AR20120001193



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