IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130008964
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 a change of his separation code.
2. The applicant states:
* his discharge code indicates a fraudulent enlistment status
* he has medical waivers stating he was cleared for duty by an Army physician
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Service medical records
* Correspondence from a Member of Congress
CONSIDERATION OF EVIDENCE:
1. The applicant provides medical documentation which shows he was granted a medical waiver in July 2012. He enlisted in the Regular Army on 7 January 2013 for a period of 4 years.
2. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 24 January 2013, shows he was diagnosed as having left plantar foot pain which existed prior to service with a history of surgery to correct pes planus. The EPSBD found him medically unfit for enlistment in accordance with current medical fitness standards and determined his condition existed prior to service. The EPSBD recommended the applicant's separation from the Army for failure to meet medical procurement standards. On 1 February 2013, he concurred with the proceedings and requested discharge from the U.S. Army without delay.
3. On 8 February 2013, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph
5-11, due to failed medical/physical/procurement standards. He completed 1 month and 2 days of total active service.
4. His DD Form 214 shows in:
* Item 25 (Separation Authority) the entry "AR (Army Regulation) 635-200, PARA (Paragraph) 5-11"
* Item 26 (Separation Code) the entry "JFW"
* Item 28 (Narrative Reason for Separation) the entry "FAILED MEDICAL/PHYSICAL/PROCUREMENT STANDARDS"
5. 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. It states for:
* item 25, enter the regulatory or statutory authority cited in directives authorizing separation
* item 26, enter the proper separation program designator (SPD) representing the reason for separation under Army Regulation 635-5-1
* item 28, enter the reason for separation shown in Army Regulation
635-5-1 based on the regulatory or statutory authority
6. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states that the SPD code JFW is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of failed medical/physical/procurement standards.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, the separation code used in the applicant's case is correct and was applied in accordance with the applicable regulations. His assigned separation code does not indicate he was separated for fraudulent enlistment, only that he failed medical/physical/procurement standards.
2. In view of the foregoing, there is no basis for granting the applicant's 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) AR20130008964
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