IN THE CASE OF:	  

		BOARD DATE:	  30 May 2013

		DOCKET NUMBER:  AR20120020376 


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, an upgrade of his uncharacterized discharge to an honorable or a medical discharge.

2.  The applicant states he was scheduled for discharge under the provisions of Army Regulation 600-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17), due to his knee injury.  He is going to have full knee replacement surgery.  His company commander was fully aware of his injuries and was supposed to let him take a make-up Army Physical Fitness Test (APFT). After completing his medical examination, he was advised that his company commander did not want to complete any paperwork for the chapter 5 discharge.

3.  The applicant provides:

* FLW Form 576 (Trainee Sick Slip)
* DD Form 2697 (Report of Medical Assessment)
* Continuation of DD Form 2697
* DD Form 2807-1 (Report of Medical History)
* DD Form 2808 (Report of Medical Examination)
* DD Form 214 (Certificate of Release or Discharge from Active Duty) Member's Copy
* National Guard Bureau Form 22 (National Guard Report of Separation and Record of Service)



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Arkansas Army National Guard (ARARNG) in pay grade E-3 on 24 November 2008.  He was ordered to active duty for training (ADT) and entered active on 13 August 2009.  He did not complete training and he was not awarded a military occupational specialty (MOS).

2.  On 9 December 2009, the applicant's company commander initiated action to discharge the applicant under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, for entry-level status performance and conduct, uncharacterized.  The company commander stated the applicant had not been able to pass the APFT and he had continuously showed a lack of motivation towards improving his physical fitness.  He advised the applicant of his rights 

3.  On 9 December 2009, the applicant acknowledged the proposed separation action.  He also acknowledged that he understood he would receive an entry-level status separation with an uncharacterized character of his service.  He elected not to consult with counsel and/or to submit a statement in his own behalf.  He requested a separation medical examination.

4.  The applicant provided the following:

* an FLW Form 576, dated 1 December 2009, which shows he underwent physical therapy in preparation for a road march
* a DD Form 2697, dated 10 December 2009, wherein he stated he had received a diagnosis of iliotibial band fraction syndrome of his left knee
* a DD Form 2807-1, dated 10 December 2009, which shows he was treated for an ankle sprain from 14 to 24 September 2009 and knee pain from 28 October to 13 November 2009
* a DD Form 2808, dated 10 December 2009, which shows he had received a clinical evaluation for tendon pain of his left knee, but he was medically qualified for separation

5.  On 11 December 2009, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, chapter 11, with an entry-level separation (uncharacterized).

6.  On 17 December 2009, he was discharged from active duty under the provisions of Army Regulation 635-200, chapter 11, by reason of entry-level status performance and conduct with uncharacterized service in pay grade E-3 and returned to the ARNG.  He was credited with completing 4 months and 5 days of net active service with no time lost.
7.  He was discharged from the ARARNG in pay grade E-3 on 15 January 2010, by reason of entry level performance and conduct with service uncharacterized. He was credited with completing 1 year, 1 month, and 23 days of net service. 

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11, paragraph 11-3a, provides for the separation of personnel who had completed no more than 180 days (6 months) of creditable continuous active duty and had demonstrated they were not qualified for retention because of unsatisfactory performance or conduct (or both).  The policy applied to individuals who had demonstrated they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self-discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service.  Service would be uncharacterized for separation under the provisions of this chapter.

9.  Army Regulation 635-200, paragraph 3-7a, states an honorable discharge is a separation with honor.  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 inappropriate.

10.  Army Regulation 635-200, paragraph 5-17, provides for the separation of enlisted Soldiers for other designated physical or mental conditions.  A commander may approve separation under this chapter on the basis of other physical or mental conditions not amounting to disability and excluding conditions appropriate for separation processing under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 5-11 or 5-13, that potentially interfere with assignment to or performance of duty.  The commander will refer the Soldier for a medical examination and/or mental status evaluation.  

11.  Army Regulation 635-40 provides for the expeditious discharge of enlisted personnel who, in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, were not qualified for retention on active duty by reason of physical disability which was neither incurred nor aggravated during any period in which the member was entitled to basic pay.






DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant, a member of the ARARNG, entered ADT and did not complete training for award of an MOS.  The applicant's company commander stated the applicant lacked motivation towards his physical fitness and had not been able to pass the APFT.  The company commander initiated action to separation the applicant under the provisions of Army Regulation 635-200, chapter 11.  Accordingly, he was discharged on 
17 December 2009.

2.  His contentions and the documents he provided were carefully considered.  However, they are not sufficiently supported by his records.  There is no error or injustice in his record.  He was properly discharged in accordance with pertinent regulations with due process.  He acknowledged he understood the proposed separation and that he would receive an entry-level status separation with his character of service described as uncharacterized.  The uncharacterized service was and still is appropriate and there is no basis to change it.  

3.  An uncharacterized service is not meant to be a negative reflection of a Soldier’s military service.  It merely means the Soldier has not been in the Army long enough for his/her character of service to be rated as honorable or otherwise.  As a result, there is no basis for granting his request for an honorable discharge.

4.  There is also an absence of evidence to support his entitlement to a medical discharge.  There is no evidence he was found to be unfit by reason of physical disability incurred or aggravated during his period of active duty.  His DD Form 2808 shows he was medically qualified for separation.  He has submitted neither probative evidence nor a convincing argument to show his medical condition amounted to a disability separation under the provisions of Army Regulation 
635-40.  Therefore, he is not entitled to a medical 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 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)                                         AR20120020376



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ABCMR Record of Proceedings (cont)                                         AR20120020376



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