IN THE CASE OF:  	  

		BOARD DATE:  20 August 2015  	  

		DOCKET NUMBER:  AR20140021038 


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 in:

* item 24 (Character of Service) honorable vice uncharacterized
* item 28 (Narrative Reason for Separation) temporary disability due to hernia vice did not meet procurement medical fitness standards - no disability

2.  The applicant states:

	a.  He had a hernia when he was in basic training (BT) and the Army had two different opinions on how to have it taken care of.  He was discharged from the Army to have the surgery done privately and it was done at the St. Francis Medical Center, La Crosse, WI.  After the surgery, he was seen at the Tomah Veterans Affairs Medical Center (VAMC), Tomah, WI, for follow up care.  His DD Form 214 shows the narrative reason for separation as did not meet procurement medical fitness standards - no disability and he has since been rated by the VA as service-connected at 0 percent (%).

	b.  He was provided a VA home loan in 1990 but had to prove that his character of discharge was mishandled.  He thought it had been take care of in 1990 but in August 2014 when he reapplied for a VA home loan, he was denied the loan due to his discharge.

3.  The applicant provides:
* his DD Form 214
* 12 pages of medical records, dated 24 October 1989
* VA Form 26-8320 (Certificate of Eligibility for Loan Guaranty Benefits), dated 23 August 1990
* a screen shot printout of a VA compensation and pension information sheet

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 Regular Army on 22 August 1989.  On 25 August 1989, he was assigned for BT to Company E, 5th BT Battalion, 10th Infantry Regiment, Fort Leonard Wood, MO. 

3.  On 9 September 1989, he was admitted to the Fort Leonard Wood Army Community Hospital from the emergency room for complaints of severe pain and was diagnosed with a left inguinal hernia.

4.  The applicant's record contains a Narrative Summary (NARSUM), dated 12 September 1989, wherein the treating physician stated, in part:

	a.  The applicant had a 4-day progressive history of left inguinal pain accompanied by swelling in his left groin which he was able to manually reduce.  He stated activity made the pain worse and rest made it better.  He was seen in the troop medical clinic that day and then the emergency room.  He was diagnosed with an obvious left inguinal hernia which was easily reducible without any significant tenderness.

	b.  He was offered surgery at the hospital in the next 2 days versus a separation from the military for a condition that existed prior to entry in the service (EPTS) per Army regulations.  He discussed the problem with his family and stated he desired to be separated from the military and have the hernia fixed as a civilian.  He will follow up at any time [at the hospital] should he have a problem until he is separated.  At that time, he is to follow up with his private physician as he desired repair and treatment of his hernia.

5.  On 13 September 1989, he was discharged from the hospital and returned to duty.

6.  His record contains a DA Form 3647 (Inpatient Treatment Record Cover Sheet), dated 29 September 1989, wherein it shows he went before a medical evaluation board (MEB) on 12 September 1989, it was approved on 21 September 1989, with an effective date of 29 September 1989

7.  The DD Form 214 he was issued shows he was discharged on 29 September 1989 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 5-11, by reason of not meeting procurement medical fitness standards - no disability, with an uncharacterized character of service.  He completed 1 month and 8 days of net active service this period.  Item 24 (Separation Code) of his DD Form 214 contains the entry JFT.

8.  The applicant provides a printout, dated 2 December 2014, wherein it shows he was rated at 0% by the VA for a service-connected inguinal hernia.

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 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.



11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code of JFT is the correct code for Soldiers separating under Army Regulation 635-200, paragraph 5-11 and “did not meet procurement medical fitness standards - no disability” is the corresponding narrative reason for separation.

12.  Title 38, U.S. Code, sections 1110 and 1131, permit the VA to award compensation for disabilities which were incurred in or aggravated by active military service.  The VA, which has neither the authority, nor the responsibility for determining physical fitness for military service, awards disability ratings to veterans for conditions that it determines were incurred during military service and subsequently affect the individual's civilian employability.  The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge, to compensate the individual for loss of civilian employability.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms during the first few weeks of BT the applicant was hospitalized for an inguinal hernia, a disqualifying medical condition that was EPTS (a pre-existing condition).  He subsequently made the choice to be discharged from active duty and seek civilian treatment.  

2.  On 29 September 1989, he was discharged under the provisions of Army Regulation 635-200, paragraph 5-11, because he did not meet procurement medical fitness standards for a condition that was EPTS.  He was discharged with an uncharacterized character of service as he was separated while he was in an entry-level status after completing only 1 months and 8 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. 

4.  His narrative reason for separation was assigned based on the fact that he was discharged under the provisions of Army Regulation 635-200, paragraph
5-11.  Did not meet procurement medical fitness standards - no disability is the only valid narrative reason for separation permitted under that paragraph and it is correctly shown on his DD Form 214.  

5.  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)                                         AR20140021038





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ABCMR Record of Proceedings (cont)                                         AR20140021038



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