IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140002926
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, correction of his record to show he was discharged for physical disability.
2. He states he was seriously injured while on active duty and could not continue in the military. The Department of Veterans Affairs (VA) has determined that his injury warrants compensation.
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), a VA letter, and a VA Rating Decision.
CONSIDERATION OF EVIDENCE:
1. On 3 October 2011, the applicant enlisted in the Regular Army.
2. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings, dated 16 November 2011, shows an EPSBD found he was medically unfit for enlistment due to a diagnosis of spondylolisthesis. This condition was found to have existed prior to service (EPTS). On 6 December 2011, the findings were approved by the medical approval authority, and retention was found not to be practical.
3. On 8 December 2011, the applicant acknowledged he had been informed of the medical findings, that he could consult Army or civilian counsel for legal advice, and that he could request discharge without delay or retention on active duty. He was given the option of disagreeing or concurring with the proceedings. He concurred and requested to be discharged without delay. On 16 December 2011, his request was approved by the appropriate authority.
4. On 22 December 2012, he was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11, by reason of having failed medical/physical procurement standards. Because he was in an entry-level status, his service was uncharacterized.
5. His service medical records are not available for review.
6. His record is void of documentation indicating he was seriously injured during his active duty service.
7. On 10 December 2012, the President, Army Discharge Review Board (ADRB), notified the applicant that the ADRB had determined he was properly and equitably discharged and that his request for a change in the character of and/or reason for his discharge had been denied.
8. He provides a VA Rating Decision, dated 10 September 2013, and a VA letter, dated 16 September 2013, showing he has been awarded compensation based on a 10% service-connected disability rating for lumbosacral strain.
9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. Paragraph 5-11 provides for the discharge of 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 entry on active duty. Such conditions must be discovered during the first 6 months of active duty. Such findings will result in an EPSBD, which must be convened within the Soldiers first 6 months of active duty. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by an appropriate military medical authority within 6 months of the Soldiers initial entrance on active duty that:
(1) Would have permanently or temporarily disqualified the Soldier for entry into the military service or entry on active duty had it been detected at that time.
(2) Does not disqualify the Soldier for retention in the military service per Army Regulation 40501 (Standards of Medical Fitness), chapter 3.
b. A Soldier who is found after entry on active duty not to have been qualified under procurement medical fitness standards at the time of enlistment may request to be retained on active duty.
c. Soldiers who do not meet the medical fitness standards for retention or whose EPTS condition have been aggravated by military service will be processed under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request for correction of his record to show he was discharged for physical disability.
2. Within 6 months of his entrance on active duty, he was found to have a medical condition that would have permanently or temporarily disqualified him for entry into military service but did not disqualify him for retention. He was properly referred to an EPSBD, which found he failed to meet medical procurement standards.
3. His rights were fully protected throughout the EPSBD process. He concurred with the EPSBD proceedings and requested discharge without delay. There is no evidence of error in his discharge processing.
4. The fact that the VA has awarded him compensation based on a 10% service-connected disability rating for lumbosacral strain is not evidence of error in the type of discharge he received. The VA awards compensation based on statutory and regulatory authority separate from that of the Army. In the absence of documentary evidence showing his EPTS medical condition was aggravated by military service, there is no basis for granting 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 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) AR20140002926
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