IN THE CASE OF:
BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130010547
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 her uncharacterized discharge be changed to an honorable discharge by reason of physical disability (medical discharge).
2. The applicant states that she should have been given a medical discharge instead of an uncharacterized discharge because the pressure, strain, and the mental toll was overwhelming her and brought about a breakdown. It was definitely a medical situation that did not warrant an uncharacterized discharge.
3. The applicant provides a copy of her DD Form 214 WS (Certificate of Release or Discharge from Active Duty) worksheet and copies of documents from her medical records.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 20 September 2011 for a period of 3 years and 33 weeks and training as a human intelligence collector. She completed her basic training at Fort Jackson, South Carolina and was transferred to Fort Huachuca, Arizona to undergo her advanced individual training.
2. The facts and circumstances surrounding the applicants administrative discharge are not present in the available records. However, her records do contain a DD Form 214 which shows that she was discharged on 2 March 2012 under the provisions of Army Regulation 635-200, paragraph 5-11 due to failing medical/physical procurement standards. She had served 5 months and 13 days of active service.
3. The Report of Medical Examination provided by the applicant indicates that the Community Mental Health diagnosed her as having an adjustment disorder.
4. 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 entry-level status (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.
5. 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 applicants contention that she should have been processed for a medical separation has been noted an appears to lack merit. The applicant was diagnosed with an adjustment disorder that in all likelihood existed prior to service.
2. In the absence of evidence to show otherwise, it must be presumed that the applicants administrative discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicants rights.
3. It is also reasonable to presume that given the time between when the applicant enlisted and the time her condition was discovered, that the applicants condition existed prior to her service and was a disqualifying condition.
4. Accordingly, she was properly discharged after undergoing the required medical examinations and there is no basis to grant her a medical discharge for a condition she had when she enlisted.
5. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant her 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) AR20130010547
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130010547
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120022007
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. With no evidence of any trauma occurring during her short period of military service that may have triggered her seizure disorder, it appears to have been a...
ARMY | BCMR | CY2013 | 20130016470
The applicant requests, in effect, that his uncharacterized discharge be changed to an honorable discharge by reason of physical disability (medical discharge). 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 that would have temporarily or permanently disqualified the member for entry into military service had it been detected at the time of enlistment. ...
ARMY | BCMR | CY2014 | 20140004715
The applicant requests that his uncharacterized discharge be changed to an honorable discharge due to physical disability. 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. 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.
ARMY | BCMR | CY2013 | 20130003484
The applicant requests that his records be corrected by changing his uncharacterized discharge to a medical discharge with an honorable characterization of service. 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 boards 15-year statute of limitations. It states that medical proceedings must establish that a medical condition was identified by appropriate military medical authorities...
ARMY | BCMR | CY2014 | 20140001377
c. The military doctor determined she was medically unacceptable for service in the Army in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 2, paragraph 2-32, and that she should be separated from the Army under the provisions of paragraph 5-11 of Army Regulation 635-200 (Personnel Separations Enlisted Personnel). On 10 August 1990, the discharge authority approved the applicant's separation from the Army under the provisions of Army Regulation 635-200,...
ARMY | BCMR | CY2014 | 20140012128
The applicant requests, in effect, correction of her uncharacterized entry-level separation to show she was medically discharged with an honorable characterization of service. A medical proceeding conducted by an EPSBD, 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, the condition would have permanently or temporarily disqualified the Soldier for entry...
ARMY | BCMR | CY2013 | 20130019024
The EPSBD found that the applicant had an unstable left knee and accordingly recommended her separation from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 5-11, separation of personnel who did not meet procurement medical fitness standards. A medical proceeding conducted by an EPSBD, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of...
ARMY | BCMR | CY2011 | 20110008227
The applicant requests that his DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) be corrected to show that he had an 11-year history and that it was his left leg, and correction of his records to show he was medically discharged. The EPSBD recommended the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 5-11. It states that medical proceedings must establish that a medical condition was identified by appropriate military medical...
ARMY | BCMR | CY2013 | 20130021085
The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), Entrance Physical Standards Board (EPSBD) Proceedings, Report of Medical Assessment, military medical records, and civilian laboratory results dated subsequent to his discharge. He completed 2 months of active service and his service was uncharacterized. The applicant failed to show through the evidence submitted or the evidence of record that he was improperly diagnosed at the time of...
ARMY | BCMR | CY2013 | 20130016100
The applicant requests, in effect, that his uncharacterized discharge be changed to an honorable discharge by reason of physical disability (medical discharge). The statement, dated 8 July 2013, the applicant provided with his application is from the applicants family doctor and indicates the applicant does not now nor has he ever had asthma. While the applicant and his family doctor contend that the applicant did not have a medical condition, prior to enlistment it does not account for...