IN THE CASE OF:
BOARD DATE: 30 April 2013
DOCKET NUMBER: AR20120018637
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her:
* years of service as January 2002 to April 2008 vice January to April 2008
* rank/grade as sergeant (SGT)/E-5 vice private (PV1)/E-1
* foreign service for her two tours of Iraq
* military occupational specialty (MOS) as 31B (Military Police) vice none
* reason for discharge as medical vice failed medical/physical/procurement standards
* Purple Heart and Iraq Campaign Medal
2. The applicant states she served [in the Army] for 6 years and served two tours in Iraq from 2005 to 2007. Her grade was E-5 and she was stationed at Fort Lewis, WA. Her MOS was 31B and she received a medical discharge because she was wounded in combat.
3. The applicant provides no additional 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 applicants 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 applicants 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 records show she enlisted in the U.S. Army Reserve delayed entry program (DEP) on 21 November 2007 for a period of 8 years and in the rank of PV1. She was discharged from the DEP on 6 January 2008.
3. She enlisted in the Regular Army (RA) on 7 January 2008 for a period of 3 years and 21 weeks, in the rank of PV1, and for MOS 92G (Food Service Specialist). She was assigned to the 1st Battalion, 13th Infantry Training Brigade, Fort Jackson for basic combat training (BCT).
4. On 19 March 2008, she went before an Entrance Physical Standards Board (EPSBD). The EPSBD found she had a history of ulcerative colitis since 1999. She relayed to the board that she had stopped her medication in December 2007 so she could enlist and did not mention her problem to her recruiter or to anyone else while at the Military Entrance Processing Station. She currently had bloody diarrhea 4-5 times a day with some abdominal cramping and her unit had pulled her from training. She was diagnosed with ulcerative colitis that existed prior to service (EPTS). The board recommended the applicant be separated for failing to meet medical procurement standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness).
5. On 2 April 2008, the applicant acknowledged that she had been advised of the EPSBD findings and understood she could request to be discharged from the RA without delay or request retention on active duty. She checked the block of the DA Form 4707 (EPSBD Proceedings) that indicated she concurred with the proceedings and requested to be discharged from the RA without delay.
6. On 2 April 2008, the separation authority approved her discharge under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11 for failure to meet medical procurement standards.
7. On 8 April 2008, she was discharged accordingly. She completed 3 months and 2 days of total active service.
8. The DD Form 214 she was issued contains the following entries in:
* item 4a (Grade, Rate or Rank) and 4b (Pay Grade), respectively, "PV1" and "E-1"
* item 11 (Primary Specialty) "None"
* item 12a (Date Entered AD (Active Duty) this Period) "2008-01-07"
* item 12b (Separation Date this Period) "2008-04-08"
* item 12c (Net Active Service this Period) "0000-03-02"
* item 12d (Total Prior Active Service) "0000-00-00"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) "None"
* item 25 (Separation Authority) "AR (Army Regulation) 635-200, para (paragraph) 5-11"
* item 26 (Separation Code) "JFW"
* item 28 (Narrative Reason for Separation) "Failed Medical/Physical/ Procurement Standards"
9. In an email from the Defense Finance and Accounting Service (DFAS), dated 18 April 2013, a DFAS official confirmed the applicant received military pay only for the period 7 January through 8 April 2008 and there was no record of any deployment for the applicant.
10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically 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 entrance on active duty, active duty for training, 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 the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501. The characterization of service for Soldiers separated under this provision of the regulation will be uncharacterized if the Soldier is in an entry-level status. Entry-level status is defined as the first 180 days of continuous active duty.
11. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant entered active duty on 7 January 2008 and on 19 March 2008 an EPSBD found her diagnosis of ulcerative colitis EPTS. The board recommended she be discharged for failing to meet medical procurement standards, she concurred with the board findings, and she requested immediate discharge. She never completed basic training and was discharged on 8 April 2008 in the rank of PV1 by reason of "Failed Medical/Physical/Procurement Standards." Her DD Form 214 correctly represents her period of active service and her status at the time of her discharge.
2. There is no evidence and she has not provided any evidence that shows she entered active duty in January 2002, deployed to Iraq, attained the rank of SGT, held MOS 31B, or earned any military awards. A DFAS official confirmed the applicant received military pay only for the period 7 January through 8 April 2008. Therefore, there is an insufficient evidentiary basis upon which to grant 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 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) AR20120018637
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ABCMR Record of Proceedings (cont) AR20120018637
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