IN THE CASE OF:  

		BOARD DATE:  16 September 2014 

		DOCKET NUMBER:  AR20140002399 


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 the character of service, separation code, separation authority, and the narrative reason for his separation as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests for his discharge be changed to either physical disability or a general discharge.

2.  The applicant states:

	a.  His separation code is wrong.  He did not lie when he enlisted.  The reason he was sent home was due to non-obstructive kidney stones.

	b.  In basic training he developed kidney stones.  He did not find this out until he became sick while home on Christmas leave.  He went to an emergency room and was told he had passed a kidney stone and there was still one or two in his system.  They were non-obstructive kidney stones.

	c.  After he returned to his unit he went to the clinic where he was again told  he had non-obstructive kidney stones.  He was given medication and told to return to training.  When he ran out of the medication he had slow urination that felt like a blockage.

	d.  He went back to the clinic and saw a different doctor who informed him he had kidney stones and would be "going home."  The doctor indicated he could have stayed in the Army during Operation Desert Storm but as that was over he could not be retained.
	e.  Although he personally feels he deserved an honorable discharge he is requesting a general discharge because he thinks that better describes what happened.

	f.  He was told the medical condition was something he had when he enlisted, but he has letters from his doctors stating he did not have kidney stones.

	g.  His DD Form 214 shows he did not enlist for the GI bill, enlistment bonus or the student loan repayment program (SLRP).  He believes he was entitled to these when he signed his contract. 

3.  The applicant provides a:

* 4 February 2010 letter from a doctor in the Boston Medical Center
stating the applicant did not have any kidney stones that day
* 28 December 2011 Boston University Urology Department letter stating the applicant was seen on 4 February 2010 and had no kidney stones
* page 10 of enlistment documents showing his enlistment included an enlistment bonus, SLRP, and the Montgomery GI Bill (MGIB)
* 5 January 2012 Clinical Record showing a medical waiver had been approved
* 18 January 2013 DD Form 689 (Individual Sick Slip) showing he was pulled from training due to a condition that existed prior to service (EPTS) 
* extract from Army Regulation 40-501 (Army Medical Standards for Enlistment, Appointment and Induction), chapter 2
* internet print out showing ICD9Data.com Diagnosis Code 591 (Hydronephrosis) (blockage in the kidney)
* internet printout showing ICD9Data.com Diagnosis Code 753.21 (Congenital Obstruction of Ureteropelvic Junction) (urinary blockage)
* his DD Form 214
* alphabetical listing of military separation codes

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 6 November 2012. He did not complete training and did not receive a military occupational specialty (MOS). 

2.  His DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 18 January 2013, shows in:

	a.  Item 8 (Findings by the Evaluation Board):
		(1)  History of EPTS Condition:  The applicant had chronic left flank pain while in basic training but did not seek medical treatment until he was home on block leave.  He was diagnosed with kidney stones.  Upon returning to Fort Jackson, it was determined he had a non-obstructing kidney stone.  He continued to have pain and was unable to complete training.

		(2)  Diagnosis:  Nephrolithiasis.

		(3)  Recommendation:  The applicant should be separated from the Army for failure to meet medical procurement standards in accordance with Army Regulation 40-501, paragraph 2-15h. 

	b.  On 22 January 2013, the medical approving authority approved the findings of the EPSBD. 

	c.  On 25 January 2013, the applicant agreed with the proceedings and requested to be discharged from the Army without delay.  

	d.  On 25 January 2013, his unit commander recommended approval of the discharge action. 

3.  On 26 January 2013, the discharge authority approved the applicant's discharge from the Army.  Accordingly, he was discharged effective 5 February 2013, under the provisions of paragraph 5-11, Army Regulation 635-200, by reason of failure to meet procurement medical fitness standards.  He completed 3 months of active duty service.  His DD Form 214 also shows in:

* item 15c (Enlisted under the Loan Repayment Program (10 USC Chap 109) (If yes, years of commitment:  NA)  No
* item 24 (Character of Service) Uncharacterized
* item 26 (Separation Code) JFW

4.  On 23 August 2013, the Army Discharge Review Board (ADRB) denied his request for an upgrade of his discharge. 

5.  The applicant submits:

	a.  A page from his USAR enlistment documents showing his enlistment included an enlistment bonus, the SLRP, the Selected Reserve MGIB, and the Selected Reserve MGIB non-prior service (NPS) Kicker.

	b.  A 5 January 2012 Clinical Record showing a waiver for "ICD-9 Codes 753.21 p55.87 591" was approved.  (Hydronephrosis) (blockage in the kidney) and (Congenital Obstruction of Ureteropelvic Junction) (urinary blockage).

	c.  A printout listing Military Separation Codes showing "JFW - Erroneous enlistment; Medical condition disqualifying for military service, with no medical waiver approved."

6.  His records contain USAR enlistment documents showing he enlisted for 6 years as an assigned member of a troop program unit in the Selected Reserve and 2 years as an assigned member of the Individual Ready Reserve.  The following programs and/or incentives are his authorized entitlements:

* NPS MGIB Kicker $100
* Non-Service Enlistment Bonus $7,000
* SLRP $10,000

7.  Title 10, U.S. Code, chapter 109, section 2171, provides for an education loan repayment program for enlisted members on active duty in specified military specialties.

8.  Army Regulation 135-7 (Army National Guard and Army Reserve Incentive Programs) establishes the criteria for incentives for enlistment in the Army National Guard and the USAR.  It states in paragraph 5-1.2 that the SLRP incentive provides for the repayment by the Government of a designated portion of any outstanding loan(s) secured after 1 October 1975.

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 six 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 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, chapter 3.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized (entry level status) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action.
10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code JFW is the correct code for Soldiers separating under the provisions of chapter 
5-11 of Army Regulation 635-200.

11.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  The cross reference table in effect at the time of his discharge shows the SPD code JFW has a corresponding RE code 3.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant entered military service with a pre-existing condition.  The EPSBD proceedings clearly established he suffered from a disqualifying medical condition that existed prior to service.  

2.  Although the evidence shows he had an approved waiver relating to kidney stones, he was unable to complete training and separation action was initiated.  He was advised of his rights and presented with options.  He elected immediate discharge without any delay.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  His RE code was assigned based on the fact that he was separated under the provisions of paragraph 5-11 of Army Regulation 635-200 by reason of failure to meet procurement medical fitness standards.  The appropriate separation code associated with this type of discharge is "JFW" and the corresponding RE code associated with this separation code and type of discharge is RE-3.  Therefore, he received the appropriate RE code associated with his discharge and there is no reason to change either entry.

4.  The uncharacterized entry-level status separation was the only character of service the applicant was authorized based on the authority and reason for his discharge action.

5.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means the Solder has not been in the Army long enough for the Soldier's character of service to be rated as honorable or otherwise.

6.  The evidence shows he enlisted for the SLRP.  However, as he was in the USAR, there is no evidence he is eligible for the Loan Repayment Program listed in item 15c of his DD Form 214.

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)                                         AR20130000514



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ABCMR Record of Proceedings (cont)                                         AR20140002399



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