BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130003484 


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 his records be corrected by changing his uncharacterized discharge to a medical discharge with an honorable characterization of service.

2.  The applicant states, in effect, that he was unjustly discharged after being injured in basic training and should have been medically discharged with an honorable characterization of service.  He goes on to state that he was determined to be fit for airborne training when he entered the Army and after twisting his left leg during training he was put out of the Army with a profile.  He further states that he believes he was taken advantage of because he was young and lacked knowledge.  He also states that he suffers from illiotibial band syndrome that he probably would not have gotten had he not went into the Army. 

3.  The applicant provides a one-page letter explaining his application, a copy of one page of his entrance physical, one page of his Entrance Physical Standards Board (EPSBD) Proceedings, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and two pages of his civilian medical records.

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 enlisted in the Regular Army on 17 March 1983 for a period of   3 years, training as a petroleum supply specialist and assignment to Korea.  He was transferred to Fort Leonard Wood, Missouri, to undergo his basic training.

3.  On 6 April 1983, an EPSBD was conducted which diagnosed the applicant as having Symptomatic Pes Planus (painful flat feet).  It indicated that the applicant was in his 3rd week of basic training and that his symptoms of arch pain progressively worsened and prohibited him from training.  Conservative methods of treatment were not successful and the wear of combat boots aggravated his symptoms.  The EPSBD opined that he was unfit for service and recommended that he be discharged for as condition that existed prior to service (EPTS).

4.  On 21 April 1983, the applicant concurred with the findings and recommendation of the board and requested to be discharged from the Army without delay.

5.  The applicant’s commander initiated action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-11, due to failure to meet medical procurement standards on 21 April 1983.  The appropriate authority approved the recommendation on 25 April 1983 and directed that he receive an entry level status (ELS) separation. 

6.  On 27 April 1983, he was discharged under the provisions of Army Regulation 635-200, paragraph 5-11 due to failure to meet procurement medical standards – no disability.  He had served 1 month and 11 days of active service and his service was uncharacterized.

7.  There is no evidence in the available records to show that he applied to the Army Discharge review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

8.  Army Regulation 635-200 sets forth the policy for the separation of enlisted personnel.  Paragraph 5-11 provides the criteria for the separation of personnel who did not meet procurement medical fitness standards when accepted for enlistment.  It states that medical proceedings must establish that a medical condition was identified by appropriate military medical authorities within 
6 months of initial active duty training which would have temporarily or permanently disqualified the member for entry into military service had it been detected at the time of enlistment.  While an honorable or general discharge may be issued when clearly warranted by unusual circumstances involving personal conduct and performance of duty, personnel who are in an ELS will receive “Uncharacterized” service.  An honorable discharge is rarely ever granted during the ELS period, which comprises the first 180 days of continuous active service or the first 180 days of continuous active service after a break in service of more than 92 days.  

9.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) 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 applicant’s contentions that his diagnosis was incorrect, that his condition was aggravated by military service, and that he should have been medically discharged have been noted and appear to lack merit.

2.  The applicant’s administrative discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant’s rights.

3.  It is also reasonable to presume that given the time between when the applicant enlisted and the time his condition was discovered, that the applicant provided most of the information pertaining to his history.

4.  In any event, the applicant’s condition existed prior to his service and was a disqualifying condition.  Accordingly, he was properly discharged after undergoing the required medical examinations and there is no basis to grant him a medical discharge for a condition he had when he enlisted. 

5.  Therefore, in the absence of evidence to show that an error or injustice existed in his case, there appears to be no basis to grant his request.

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)                                         AR20130003484





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ABCMR Record of Proceedings (cont)                                         AR20130003484



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