BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130010896
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 her uncharacterized separation to an honorable discharge due to physical disability.
2. The applicant states that according to the Department of Veterans Affairs (VA) she "received an honorable under medical." The uncharacterized discharge is keeping her from receiving additional benefits and assistance.
3. The applicant provides a copy of a 28 March 2013 letter from the VA.
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 U.S. Army Reserve (USAR) and entered Initial Active Duty for Training (IADT) on 14 October 1994.
3. On 14 March 1995, an Enlistment Physical Standards Board (EPSBD) found the applicant unqualified for further training due to a longstanding history of bilateral knee pain chronic retropatellar pain syndrome, existed prior to service (EPTS), not permanently aggravated by military service. The EPSBD recommended separation.
4. The applicant concurred with the EPSBD findings and recommendation and requested immediate discharge.
5. On 17 March 1995, she was discharged with an uncharacterized discharge due to failure to meet procurement medical standards. She had completed 5 months and 4 days of active duty service.
6. Her medical records are not available.
7. The 28 March 2013 letter from the VA states the applicant is entitled to compensation for a service-connected disability rated at 30 percent or more.
8. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides the basic authority for the separation of enlisted personnel.
a. Paragraph 5-11 specifically provides that 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 or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldiers 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, chapter 3. The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry level status.
b. Paragraph 3-7a states an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the members 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 clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
1. There is neither any available evidence that the applicant became physically unfit for duty as the result of her service nor is there any evidence her service was so meritorious that the present uncharacterized separation is inappropriate.
2. Entitlement to VA benefits is not within the preview of this Board nor is it normally considered a basis for granting relief.
3. The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant. There is no basis for granting the applicant's 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.
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