BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20150001687 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change the narrative reason for her separation from failure to meet procurement medical fitness standards to physical disability.

2.  The applicant states she received a medical discharge.

3.  The applicant provides no additional evidence.

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 12 November 1998.

3.  The applicant's records are void of documentation and she has not provided any documentation detailing the facts and circumstances which led to her discharge.

4.  On 7 April 1999, she was discharged from the Regular Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, by reason of having failed to meet procurement medical fitness standards.  She was credited with 4 months and 26 days of net active service.  Her service was uncharacterized.

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Paragraph 5-11 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 or active duty training or initial entry training 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:

		(1)  would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time and

		(2)  does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.

	b.  The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.  A Soldier is considered to be in entry-level status if he/she has not completed more than 180 days of creditable continuous active duty service prior to the initiation of the separation action.

	c.  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.

	d.  Soldiers who do not meet the medical fitness standards for retention or whose condition which existed prior to service was aggravated by military service will be processed under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).

6.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability and establishes the Army Physical Disability Evaluation System.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her DD Form 214 to change the narrative reason for her separation from failure to meet procurement medical fitness standards to physical disability was carefully considered but found to be without merit.

2.  The facts and circumstances surrounding the applicant's separation for failure to meet procurement medical fitness standards are not available for review.  In the absence of evidence showing error or injustice in her discharge processing, administrative regularity must be presumed.

3.  Her DD Form 214 shows that within 6 months of her entrance on active duty, she was found to have a medical condition that would have permanently or temporarily disqualified her from entry into military service but did not disqualify her from retention.

4.  There is no indication her discharge was not accomplished in compliance with applicable regulations without procedural errors which would have jeopardized her rights.  It is therefore presumed that all requirements of law and regulation were met and her rights were fully protected throughout the separation process.

5.  In the absence of documentary evidence showing she did not meet the medical fitness standards for retention or her condition which existed prior to service was aggravated by military service, thereby requiring her referral to the Army Physical Disability Evaluation System under the provisions of Army Regulation 635-40, 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 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)                                         AR20150001687



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ABCMR Record of Proceedings (cont)                                         AR20150001687



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