IN THE CASE OF:
BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120012124
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 that her uncharacterized discharge be changed to show that she was discharged or retired by reason of permanent disability.
2. The applicant states that she should have been discharged or retired by reason of permanent disability because her pre-existing conditions were made worse by her active military service.
3. The applicant provides letters and records from civilian eye doctors.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve on 2 March 2009 for a period of 8 years. She was ordered to initial active duty training on 14 July 2009, and was transferred to Fort Jackson, South Carolina to undergo her basic training.
2. On 31 August 2009 an Entrance Physical Standards Board (EPSB) convened and determined that she was diagnosed as having double vision (diplopia) and strabismus. The EPSB proceedings indicate that the applicant stated she had a long-standing history of double vision which she reported to Military Entrance Processing Station (MEPS) personnel, who ignored her. Her eye surgeon had informed her that if her double vision worsened, she would require surgery. The EPSB recommended she be discharged due to failure to meet medical/physical procurement standards. The applicant concurred with the findings and recommendations of the EPSB and requested that she be discharged.
3. The applicants commander notified the applicant that she was initiating action to discharge her from the service due to failure to meet medical fitness procurement standards and the applicant elected not to consult with military counsel.
4. On 24 September 2009 the applicant was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11, and her service was uncharacterized. She had served 2 months and 11 days of active service.
5. Army Regulation 635-200, paragraph 5-11, serves as the authority for separation of personnel who did not meet procurement medical fitness standards when accepted for initial enlistment. It states, in part, that medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authorities within 6 months of the members initial entrance on active duty which would have permanently disqualified him or her for entry into the military had it been detected at the time. While an honorable or general discharge may be issued, personnel who are in an entry-level status will receive an Uncharacterized separation.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was properly discharged in accordance with applicable regulations, with no indication of any violation of the applicants rights. Accordingly, the type of discharge directed and the reasons therefore were appropriate given the circumstances of the case.
2. The applicants supporting documents and her contention that her pre-existing condition was worsened by her 2 months of active duty service has been noted and appears to lack merit as the applicant has failed to show through the evidence of record and the evidence submitted with her application to show that her condition was worsened by her active service.
3. Therefore, in the absence of such evidence there appears to be no basis to grant her request for a medical discharge or retirement.
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) AR20120012124
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ABCMR Record of Proceedings (cont) AR20120012124
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