IN THE CASE OF:	  

		BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130016470 


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, in effect, that his uncharacterized discharge be changed to an honorable discharge by reason of physical disability (medical discharge).

2.  The applicant states that his medical condition is still active and the board did not consider his medical condition.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 August 2011 and he was transferred to Fort Jackson, S C to undergo his basic training.

2.  On 4 November 2011, while the applicant was hospitalized at Moncrief Army Community Hospital, an Entrance Physical Standards Board (EPSBD) determined the applicant had been diagnosed as having an AXIS I: Anxiety Disorder NOS (not otherwise specified) that existed prior to service (EPTS) and recommended his separation from the service for failure to meet medical procurement standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness.

3.  The medical approving authority determined that his retention was not practical and approved the findings and recommendations of the EPSBD on 
8 November 2011.  The applicant concurred with the proceedings and requested immediate discharge from the Army without delay.

4.  On 23 November 2011, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations) paragraph 5-11, due to failure to meet medical/physical procurement standards.  He served 2 months and 24 days of active service and his service was uncharacterized.  

5.  The applicant applied to the Army Discharge Review Board (ADRB) on          1 February 2012 requesting that his service be characterized and on 11 July 2012, the ADRB determined that his discharge was both proper and equitable and voted to deny his request.

6.  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 that 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.

7.  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 applicant’s contention that he should have been processed for a medical separation has been noted and appears to lack merit.  The applicant was diagnosed with an anxiety disorder barely 2 months after he enlisted that in all likelihood existed prior to service.

2.  In the absence of evidence to show otherwise, it must be presumed that the applicant’s administrative discharge was correct and in conformance with applicable regulations with no indication of any violations of the applicant’s rights.

3.  It is also reasonable to presume that given the time between when the applicant enlisted and the time his condition was discovered, that the applicant’s condition existed prior to his service and was a disqualifying condition.

4.  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. 

5.  Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant his request.

6.  Entry level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days of active service.  The character of service for members separated under the provisions of paragraph 5-11 will be uncharacterized.  For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.

7.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  As a result, there is no basis for granting the applicant's request for  change to his reason for discharge or characterization of service.

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)                                         AR20130016470





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ABCMR Record of Proceedings (cont)                                         AR20130016470



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