BOARD DATE:	11 February 2014

		DOCKET NUMBER:  AR20130008813


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

* item 11 (Primary Specialty) to show he held military occupational specialty (MOS) 11C (Indirect Fire Infantryman)
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar
* item 26 (Separation Code) to show a separation code which will allow him to reenter military service

2.  The applicant states:

* he completed basic training and he earned the marksmanship qualification badge
* he was separated because of a service-connected medical condition which was caused by a service-related accident – he did not have a hip condition prior to his entry on active duty
* he fully intended to reenlist
* he was injured in the second week of basic training, when he dislocated his hip and tore muscles
* he completed all of the requirements until he reached the 9th week at which point his hip pain became too severe
* he was advised to seek a medical separation
* he thought he would be entitled to compensation from the Department of Veterans Affairs (VA) since his injury was service-connected
* in April 2013, the VA informed him that he was not entitled to compensation because his hip injury existed prior to service
* he adamantly disagrees with that assertion as he would not have been able to make it into the 9th week of basic training if he had a previous hip injury
* he always intended to reenlist and reenter military service after he completed college
* he has trained his body to overcome his injury and he has nearly completed his master's degree
* he's been training himself physically and mentally to get back into the military with a college degree – however, the separation code on his DD Form 214 is interfering with his ability to reenter the Army

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  On 10 March 2006 in preparation for his enlistment, the applicant underwent an entrance physical at the Military Entrance Processing Station, Chicago, IL.  The corresponding DD Form 2807-1 (Report of Military History) and DD Form 2808 (Report of Military Examination) do not reveal any abnormalities and/or physical impairments that may have jeopardized his ability to serve satisfactorily on active duty.

2.  On 21 April 2006, the applicant enlisted in the Regular Army.  He was assigned to Fort Benning, GA, for initial-entry training under the one-station unit training (OSUT) program.

3.  Neither his medical records nor the complete facts and circumstances of his discharge are available for the Board's review; however, his Army Military Human Resource Record (AMHRR) contains the DD Form 214 that was completed at the time of his discharge.

4.  On 6 July 2006, he was discharged after completing only 2 months and 15 days of creditable service.  His DD Form 214 shows:

* item 24 (Character of Service) – UNCHARACTERIZED
* item 25 (Separation Authority) – Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11
* item 26 – JFW
* item 27 (Reentry Code) – 3
* item 28 (Narrative Reason for Separation) – FAILED MEDICAL/
PHYSICAL PROCUREMENT STANDARDS

5.  His AMHRR is void of:

* any documentation that shows he successfully completed a record firing event or that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar
* any documentation that shows he completed OSUT and was qualified to hold MOS 11C
* any documentation that shows he was considered by an Entrance Physical Standards Board (EPSBD)
* EPSBD Proceedings 
* any documentation that details his inability to meet medical and/or physical procurement standards
* any documentation that relates to his discharge processing

6.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 provides that:

	a.  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 training, or initial entry training, will be separated.

	b.  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 (Standards of Medical Fitness), chapter 3.

	c.  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.  A Soldier is in an entry-level status if that Soldier has not completed more than 180 days of continuous active duty service prior to initiation of separation action.

7.  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 preparation of the DD Form 214 and 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.  This regulation further provides:

	a.  Item 11 documents the codes and titles of all MOS's served in for at least 1 year with the number of years and months served.  For time determination, 16 days or more count as a month.  Time spent in basic training and advanced individual training is not counted.

	b.  Item 13 documents the decorations, medals, badges, citations, and campaign ribbons awarded or authorized.  List awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier's records.

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code "JFW" is the correct code for Soldiers separating under the provisions of Army Regulation 635-200, paragraph 5-11.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he held MOS 11C, award of the Expert Marksmanship Qualification Badge with Rifle Bar, and a less-restrictive separation code that would allow him to reenter military service at a later date.

2.  His AMHRR contains very little documentation related to his service on active duty or the circumstances that led to his separation.

* the evidence of record does not show he completed OSUT which would have been a requirement for award of MOS 11C
* the evidence of record does not show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar at any time during his active military service

3.  Accordingly, there is an insufficient basis to grant these corrections as requested.

4.  His service medical records were not available for review and he did not provide documentation that shows the medical condition which resulted in his discharge was caused by military service and did not exist prior to his entrance on active duty.

5.  The assigned separation code JFW is appropriate for Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-11.

6.  In the absence to evidence to the contrary, it must be presumed that he was discharged in accordance with applicable regulations and that his rights were fully protected throughout the separation process.

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)                                         AR20090001097



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ABCMR Record of Proceedings (cont)                                         AR20130008813



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