IN THE CASE OF:	  

		BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20140000578 


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 to upgrade his uncharacterized discharge to an honorable discharge.

2.  He states he was originally awarded an uncharacterized discharge on 
19 October 1993 due to an aggravation of a pre-existing medical condition.  He was processed under a "med 200" board with an inaccuracy that led to an entry-level separation; however, his discharge was caused by an event that aggravated his right knee while he was in the service.

3.  He adds that he is currently receiving service-connected disability at a rate of 40% from the Department of Veterans Affairs (VA) for his right knee condition.  He asks that this Board receive his request in its entirety, and deem the necessary corrections to his DD Form 214 (Certificate of Release or Discharge from Active duty) to reflect an honorable discharge. 

4.  The applicant provides his DD Form 214 and documentation 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.  He enlisted in the Regular Army on 1 September 1993.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he reported to Fort Knox, KY, for basic combat and advanced individual training on 
10 September 1993.

4.  A copy of the Entrance Physical Standards Board (EPSBD) which evaluated the applicant and his military medical records are not available for review.  However, his DD Form 214 shows he was discharged on 19 October 1993 after completing 1 month and 19 days of net active service in a trainee status.  Item 24 (Character of Service) contains the entry "Uncharacterized" and Item 25 (Separation Authority) shows the entry "Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), Paragraph 5-11."  The narrative reason was listed as "failure to meet procurement medical fitness standards."

5.  He provides a copy of a VA disability decision rating, dated 11 June 2010.  This document shows he was granted a combined service-connected disability rating of 20 percent for right knee instability associated with status post medial collateral ligament repair with mild laxity.

6.  Army Regulation 635-200, in effect at the time, provided the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provided 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, active duty for training, or initial entry training would be separated.  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 prior to the initiation of separation action.

7.  Army Regulation 635-200 also stated a medical proceeding, 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, 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 did not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.

8.  Title 38, U.S. Code, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. The VA does not make a determination of whether the medical condition is disqualifying for retention in the Army.

DISCUSSION AND CONCLUSIONS:

1.  Without the applicant's military medical records, it is difficult to determine exactly what occurred in his case and administrative regularity in his separation process must be presumed, especially 21 years after the fact.

2.  It is presumed that while attending BCT the applicant was diagnosed with a condition which led to the recommendation to have him appear before an EPSBD.  After appearing before the EPSBD, which determined that he did not meet medical fitness standards for enlistment or induction under the provision of Army Regulation 40-501, he was discharged accordingly.  

3.  While Soldiers may enter active duty with existing medical conditions, many of them successfully complete their initial entry training.  Unfortunately, some are unable to complete their training because the rigor of training is too strenuous to complete with the medical condition.  Since there are Soldiers who cannot complete their training, they must be discharged.  

4.  The characterization of service for Soldiers separated under the provision of paragraph 5-11 of Army Regulation 635-200, who have not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action will be uncharacterized.  An uncharacterized discharge is not meant to be negative.  It merely means he was not in the Army long enough for his character of service to be rated as honorable or otherwise.  As such, he is not entitled to the relief requested.

5.  The VA operates under its own policies and may compensate a veteran for any medical condition which they determined to be service connected.  Whether that condition was medically disqualifying for retention is not relevant in the VA's determination.  As such, the fact that the VA gave the applicant a disability rating for his medical condition does not establish an error in this case.

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)                                         AR20140000578





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ABCMR Record of Proceedings (cont)                                         AR20140000578



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