BOARD DATE:	  23 April 2013

		DOCKET NUMBER:  AR20120017743 


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 the characterization of her service from "uncharacterized" to "honorable."

2.  The applicant states her service was honorable and she has a benefits letter from the Department of Veterans Affairs (VA) to prove this fact.

3.  The applicant provides a letter from the VA, dated 20 August 2012.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows she enlisted in the U.S. Army Reserve (USAR) on 29 December 2005.

2.  On 22 February 2006, she was ordered to initial active duty for training (IADT) at Fort Leonard Wood, MO.  

3.  The applicant's medical records show she visited the Consolidated Troop Medical Clinic of the General Leonard Wood Army Community Hospital on at least 10 occasions during the period 1 March to 28 April 2006.  As a result, she did not participate in required training because she was frequently in a "sick in quarters" status and had numerous temporary physical profiles.  The reasons for her visits were to seek medical treatment mainly for bilateral foot pain (primarily in the right foot), but also for a variety of additional concerns including:

* lack of sleep
* nausea with vomiting
* red eyes
* sinus drainage
* fever
* headache
* conjunctivitis (pink eye)
* ankle pain
* sore throat
* possible pregnancy
* vaginitis candida albicans (yeast infection)
* bunion on right foot
* blisters on feet
* shoulder and back pain

4.  An Entrance Physical Standards Board (EPSBD) was initiated to consider the applicant's medical condition on 28 April 2006.  After careful consideration of medical records, laboratory findings, and medical examination, the board found that the applicant was medically unfit for appointment or enlistment in accordance with current medical fitness standards and the condition(s) existed prior to service in the opinion of the evaluating physicians.  She was diagnosed with hallux abductovalgus (bunion) and the board recommended her separation in accordance with Army Regulation 40-501 (Standards of Medical Fitness), paragraph 2-10b.  The board also noted the applicant had stated she had lost all motivation to continue training and was given a physical profile for no continued training.  The findings of the board were approved on 3 May 2006.  On 12 June 2006, the applicant concurred with the proceedings of the board and requested to be discharged from the Army without delay.

5.  On 16 June 2006, the applicant was discharged accordingly after completing 3 months and 24 days of creditable active duty.  Block 24 (Character of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows her service as "UNCHARACTERIZED."  Block 25 (Separation Authority) shows she was discharged under the provisions of Army Regulation 635-200, paragraph 5-11.  Block 28 (Narrative Reason for Separation) shows the reason as "FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS."

6.  On 14 April 2010, the President of the Army Discharge Review Board (ADRB) informed the applicant that after careful consideration of his military records and all other available evidence, the ADRB determined she was properly and equitably discharged.  Accordingly, her request for a change in the character and/or reason of her discharge was denied.

7.  The applicant provides a letter from the VA, dated 20 August 2012, wherein the Director, Benefits Assistance Service, certified the applicant was honorably discharged from the U.S. Armed Forces, having served on active duty in the Army from 23 February through 16 June 2006.

8.  Army Regulation 40-501, paragraph 2-10b, provides that a current or history of a foot condition that prevents the proper wearing of military footwear or impairs walking, marching, running, or jumping does not meet the standards.

9.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.  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 entrance on active duty, active duty for training (ADT), 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 6 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 that 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 will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.

10.  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:  (a) 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more or (b) 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.  For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her record should be corrected by changing the characterization of her service from "uncharacterized" to "honorable" was carefully considered and determined to lack merit.

2.  The evidence shows the applicant frequently attended sick call, had several medical appointments, was frequently in a "sick in quarters" status, and had numerous temporary physical profiles while attending initial entry training.
3.  The evidence shows the applicant's medical condition was evaluated by an EPSBD which found that she was medically unfit for appointment or enlistment in accordance with current medical fitness standards due to condition(s) that existed prior to service.  The applicant concurred with the board's findings and recommendation for her separation in accordance with Army Regulation 40-501, paragraph 2-10b.  Additionally, she stated she had lost all motivation to continue training and requested to be discharged from the Army without delay.

4.  Her record shows she initially entered IADT on 23 February 2006 and she was discharged on 16 June 2006 after completing 114 days of active duty service.  Because this was a period of less than 180 days, her service was properly uncharacterized.

5.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not served on active duty long enough for his/her character of service to be rated.

6.  The benefits letter provided to the applicant by the VA is duly noted.  However, it is merely the VA's acknowledgement of her standing within the guidelines of that organization.  It is not within the purview of the VA to determine how the Army evaluates and determines an individual's characterization of military service.

7.  As a result, there is no basis for granting the applicant's request for an honorable discharge.

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)                                         AR20120017743



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ABCMR Record of Proceedings (cont)                                         AR20120017743



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