IN THE CASE OF:	  

		BOARD DATE:  29 November 2012

		DOCKET NUMBER:  AR20120009208 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his characterization of service from uncharacterized to honorable and his narrative reason for separation from failed medical/physical/procurement standards to medical.

2.  The applicant states he is unable to receive medical benefits because of his characterization of service and narrative reason for separation.

3.  The applicant provides:

* DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 23 June 2012
* DD Form 214
* Letter from the Department of Veterans Affairs (VA), dated 27 February 2012

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's record contains a DD Form 2807-1 (Report of Medical History), dated 19 July 2011, wherein it shows he wore glasses.

3.  His record contains a DD Form 2808 (Report of Medical Examination), dated 19 July 2011, wherein it shows in item 23 (Eyes-General (Visual Acuity and Refraction) a rating of normal was given.  This form also shows he received a physical profile because he wore corrective lenses.

4.  He enlisted in the Regular Army on 10 January 2012 and he was assigned to Fort Jackson, SC.

5.  His record contains a DA Form 4707, dated 18 January 2012.  The EPSBD Proceedings noted:

	a.  the applicant was a 20-year old male who had been seen for a more detailed eye examination following his initial entry examination.  He had reduced vision in his left eye.  He reports having had an eye muscle surgery at the age of 7 or 8 years old.  There was no history of allergies to medication or a family history of glaucoma.

	b.  he was diagnosed with amblyopia strambismic: OS, preglaucoma (high risk), and exotropia.

	c.  he should be separated from the U.S. Army for failing to meet medical procurement standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), paragraph 2-12i(5) (Miscellaneous defects and conditions) which includes a current or history of glaucoma (365), including, but not limited to primary, secondary, or pre-glaucoma as evidenced by intraocular pressure above 21 millimeters of mercury (mmHg), or changes in the optic disc or visual field loss associated with glaucoma.  This regulation further states these medical conditions do not meet the standard.

6.  The applicant signed the EPSBD proceedings on 25 January 2012, indicating he had been informed of the medical findings.  He understood that legal advice of an attorney employed by the U.S. Army was available to him or that he could 

consult with civilian counsel at his own expense, and he understood he may request to be discharged from the U.S. Army without delay or to be retained on active duty, and if retained, he could be involuntarily reclassified into another military occupational specialty based upon his medical condition.  In addition he checked and initialed the box indicating he concurred with the EPSBD proceedings and requested to be discharged from the U.S. Army without delay.

7.  On 25 January 2012, the applicant's unit commander recommended his discharge from active duty.  On the same day the discharge authority concurred with the unit commander's recommendation and directed the applicant's discharge from the Army.

8.  On 1 February 2012, the applicant was discharged from active duty under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations).  He completed 22 days of creditable active service.  The DD Form 214 he was issued shows his characterization of service as uncharacterized, his assigned separation code as JFW, and his narrative reason for separation as "failed medical/physical/procurement standards."

9.  He provided a copy of a letter from the VA, dated 27 February 2012.  This letter states the VA was certifying the applicant had been honorably discharged from the U.S. Army on 1 February 2012.

10.  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 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.  Paragraph 3-7a 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.

	c.  Paragraph 5-11 states 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 may be separated.  Such conditions must be discovered during the first 6 months of active duty.  Such findings will result in an EPSBD.  This board, which must be convened within the Soldier’s first 6 months of active duty, takes the place of the notification procedure required for separation under this chapter.  Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by an appropriate military medical authority within
6 months of the Soldier’s initial entrance on active duty that the medical condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time or the medical condition does not disqualify the Soldier for retention in the military service per Army Regulation 40-501, chapter 3.  A Soldier who is found after entry on active duty not to have been qualified under procurement medical fitness standards at the time of enlistment may request to be retained on active duty if the separation authority determines, after considering the proceedings of an EPSBD, that the Soldier’s disqualifying condition will not prevent the Soldier from performing satisfactorily throughout his/her period of enlistment in the MOS for which he/she is being trained or in another MOS based on the Soldier’s medical condition and the Soldier, after being counseled and given the opportunity to obtain legal advice, signs a statement requesting to complete the period of service for which enlisted.  Soldiers not retained will be processed for separation.

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states that the SPD code JFW is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of "failed medical/physical/procurement standards."

12.  Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  It states that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service.  Examples are congenital malformations and hereditary conditions or similar conditions in which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusion that they existed prior to military service.  Likewise, manifestation of lesions or symptoms of chronic disease from date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) will be accepted as proof that the disease existed prior to entrance into active military service.  

DISCUSSION AND CONCLUSIONS:

1.  The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for veterans or other benefits.  Every case is individually decided based upon its merits when an applicant requests a correction to his military records.

2.  The EPSBD proceedings show the applicant was evaluated by competent medical authorities and he was diagnosed with amblyopia strambismic: OS, preglaucoma (high risk), and exotropia.  Through no fault of his own, he was unable to meet established medical standards; therefore, based on the recommendations of the EPSBD and the applicant's own request, he was accordingly discharged.

3.  His discharge under the provisions of Army Regulation 635-200, paragraph
5-11, based on failing to meet procurement medical fitness standards was administratively correct and in conformance with applicable regulations.  Although he did not meet medical entrance standards, there is no evidence to show he did not meet medical retention standards, and one of his options was to remain on active duty.  He has not established a basis for changing his reason for discharge.

4.  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.

5.  In view of the foregoing, there is no 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)                                         AR20120009208



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ABCMR Record of Proceedings (cont)                                         AR20120009208



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