IN THE CASE OF:	  

		BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20130016272 


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) to show he received a general or a medical discharge instead of the current uncharacterized discharge.

2.  The applicant states he was under the impression that he would be discharged under medical conditions since he was in the hospital at the time he was notified he would be discharged.  He was diagnosed with hypertension.  The uncharacterized discharge prevents him from gaining employment.  Employers tell him an uncharacterized discharge could mean a number of things.

3.  The applicant provides:

* DD Form 214 for the period ending 12 October 2010
* DD Form 2807-1 (Report of Medical History), dated 17 July 2007
* DD Form 2807-2 (Medical Prescreen of Medical History Report), dated 17 July 2007
* history and physical transcript (tachycardia and chest pain), dated 12 September 2007
* emergency department transcript, dated 12 September 2007 (hypertension and chest pain)
* echocardiogram report, dated 13 September 2007 (uncontrolled hypertension, syncope, and tachycardia)
* two Fort Jackson Forms 689-R (Fort Jackson Sick Slip), dated 4 and 17 September 2007

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's records show he underwent an entrance physical examination at the Tampa Military Entrance Processing Station, Tampa, FL.  He completed a DD Form 2807-1 on 17 July 2007 and indicated he was in good health.  He did not disclose any preexisting conditions.

3.  His physical examination shows he was initially found not qualified for service due to being overweight and having high blood pressure.  However, since he passed the Assessment of Recruit Motivation and Strength test, he was accepted for entrance with a waiver.

4.  He enlisted in the Regular Army on 27 August 2007 and he was assigned to Company D, 3rd Battalion, 60th Infantry Regiment, Fort Jackson, SC, for training.

5.  His service medical records are not available for review with this case.  However, he provided:

	a.  a history and physical transcript, dated 12 September 2007, for a complaint of tachycardia and chest pain showing he had a history of borderline hypertension with a chief complaint of tachycardia and chest pain.  He had elevated blood pressure and he comes from a family with a history of hypertension;

	b.  an emergency department transcript, dated 12 September 2007, for a complaint of hypertension and chest pain showing similar information as shown on the previous document; and

	c.  an echocardiogram report, dated 13 September 2007, for a complaint of uncontrolled hypertension, syncope, and tachycardia showing an echocardiogram was performed that yielded a finding of a mass lesion on the medial mitral annulus, moderate concentric left ventricular hypertrophy with normal left ventricular systolic performance and diastolic dysfunction, moderate mitral regurgitation, and mild aortic regurgitation.

6.  His DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) is not available for review with this case.  This form would have shown:

	a.  the findings of the military medical officials and his diagnosed condition;

	b.  the date the applicant's EPSBD Proceedings were forwarded to the applicant's unit for appropriate action in accordance with Army Regulation 
635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11;

	c.  the applicant's acknowledgement and understanding that legal advice of an attorney employed by the Army was available to him and that he also could consult with a civilian counsel at his own expense.  It would have also shown his acknowledgement that he could request to be discharged from the Army without delay or request retention on active duty and his concurrence/non-concurrence with the proceedings and his right to request to be discharged from the Army without delay;

	d.  the applicant's chain of command's, specifically the immediate commander's, recommendation; and

	e.  the discharge authority's approval of the separation from the Army under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of failure to meet procurement medical fitness standards.

7.  Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, SC, Orders 283-1301, dated 10 October 2007, discharged him from active duty under the provisions of Army Regulation 635-200 effective 12 October 2007.

8.  His DD Form 214 shows he was discharged on 12 October 2007 under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of "FAILED MEDICAL/PHYSICAL/PROCUREMENT STANDARDS."  He completed 1 month and 16 days (46 days) of active service.  His service was uncharacterized.

9.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who are not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty, active duty for training, or initial entry training will be separated.  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 into the military service had it been detected at the time of enlistment, 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.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action.

	a.  An uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized by the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.

	b.  Paragraph 3-7a provides that 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 member's 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.

	c.  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

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 such as 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.

10.  Army Regulation 40-501 governs medical fitness standards for enlistment, induction, appointment, retention, and separation.  Chapter 2 provides the physical standards for enlistment/induction and various reasons that could fail procurement standards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he received a general or a medical discharge instead of an uncharacterized discharge.  He confuses the character of service with the narrative reason for separation.  The characterization or description of service is determined by directives authorizing separation.  It can be honorable, under honorable conditions (general), under other than honorable conditions, bad conduct, dishonorable, or uncharacterized.  The narrative reason for separation is based on the regulatory or statutory authority.

2.  The complete facts and circumstances surrounding his discharge are not available for review with this case.  However, the available evidence clearly indicates military medical authorities determined that he suffered from a disqualifying medical condition that existed prior to service immediately after reporting for initial active duty for training.  According to accepted medical principles, the manifestation of a chronic disease from the date of entry into active military service (or so close to that date of entry that the disease could not have started in so short a period) is accepted as proof that the disease existed prior to entrance into active military service.

3.  Consequently, his records appear to have been evaluated by an EPSBD that found him medically unfit for a condition that was neither incurred in nor aggravated by his active service.  There was compelling evidence to support a finding that he had a preexisting condition.  Accordingly, the EPSBD would have recommended his separation.

4.  He would have been counseled and advised of his rights.  He appears to have elected a discharge from the Army without delay.  In the absence of evidence to the contrary, it is presumed that all his rights were fully protected throughout the separation process.  Since he did not sustain a medical illness or injury that occurred while serving on active duty and rendered him medically unfit while entitled to basic pay, he did not qualify for a medical separation.

5.  As for the characterization of his service, a member's service is under review during the first 180 days of continuous active military service.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant a discharge under other than honorable conditions.  An honorable characterization may be issued only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.  A general discharge is not authorized.

6.  In all other circumstances, an entry-level (uncharacterized) separation is issued regardless of the reason for separation.  An uncharacterized discharge is neither positive nor negative; it is not derogatory.  It simply means the Soldier did not serve on active duty long enough for his or her service to be rated.

7.  There is no evidence in the available records and the applicant did not provide evidence to substantiate a change to his character of service or the reason for his discharge.  Therefore, he is not entitled to the 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 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)                                         AR20130016272



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ABCMR Record of Proceedings (cont)                                         AR20130016272



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