IN THE CASE OF:	  

		BOARD DATE:	  9 April 2015

		DOCKET NUMBER:  AR20140015183 


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 an honorable discharge vice an uncharacterized discharge.

2.  The applicant states he was discharged for failing to meet medical fitness standards with an uncharacterized discharge.  He was injured while on active duty and the Department of Veterans Affairs (VA) has him listed with a service-connected disability.  The medical and physical problems he faced while on active duty impaired his ability to serve.

3.  The applicant provides a VA medical identification card.

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 enlisted in the U.S. Army Reserve (USAR) on 17 January 1995. 

3.  On his Standard Form (SF) 93 (Report of Medical History), dated 17 January 1995, he noted that the only surgery he had was for a hernia in 1987 and that he did not have at that time and never had any tumor, growth, cyst, or cancer; bone, joint or other deformity; or foot trouble/neuritis.

4.  His SF 88 (Report of Medical Examination), dated 17 January 1995, shows the examining physician noted the applicant had mild scoliosis and was qualified for service in the USAR.

5.  He was ordered to initial active duty for training (IADT) and he entered active duty on 31 August 1995.  He was assigned to the 5th Battalion, 10th Infantry, 3rd Training Brigade, Fort Leonard Wood, MO.  

6.  On 23 October 1995, he went before an Entrance Physical Standards Board (EPSBD).  His DA Form 4707 (EPSBD Proceedings), dated 23 October 1995, stated:

	a.  The applicant had a complaint of chronic left leg pain for the last 8 years (emphasis noted).  He stated he had surgery in 1988 to remove an enlarged lymph node and for left inguinal strain.  He noticed that since having the corrective surgery he has had pain with activities.  He noticed that since arriving at Fort Leonard Wood the pain increased with marching, running, and other aspects of physical activity.  He was unable to continue with his military training at this time, secondary to pain which was not relieved with medication.

	b.  The physical exam showed his legs were symmetrical, he had full range of motion with moderate discomfort, there was no muscle atrophy, he was neurovascularly intact, and no palpable mass or deformity was noted.  However, he was tender to palpitation over the inguinal area and the quadriceps muscle.

	c.  He was diagnosed with chronic left leg pain and the board recommended he be expeditiously discharged in accordance with Army Regulation 40-501 (Standards of Medical Fitness).  On 25 October 1995, the approving authority approved the EPSBD Proceeding.

7.  Orders 310-363, dated 6 November 1995, issued by the U.S. Army Engineer Center and Fort Leonard Wood, discharged him from active duty and from the USAR effective 8 November 1995.  On 8 November 1995, he was discharged accordingly.

8.  The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-11, for failure to meet procurement medical fitness standards.  He completed 2 months and 8 days (or 68 days) of active duty service and received an uncharacterized character of service.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated.  

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provides 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, ADT, or IADT will be separated.  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.  The characterization of service for Soldiers separated under this provision of the regulation will be uncharacterized if the Soldier is in an entry-level status.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows in October 1995 an EPSBD found the applicant medically unfit for enlistment in accordance with medical fitness standards and determined he should be discharged for failing to meet procurement medical fitness standards.   

2.  On 8 November 1995, he was discharged with an uncharacterized character of service.  He was separated while he was in an entry-level status after completing only 68 days of active service so he correctly received an uncharacterized character of service.  

3.  An uncharacterized character of service is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated. In view of the foregoing, 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)                                         AR20140015183





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ABCMR Record of Proceedings (cont)                                         AR20140015183



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