PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:            8 July 1999      
	DOCKET NUMBER:   AR1999023204

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Mr. Roger W. Able		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  In effect, the applicant requests that her DD Form 214 be corrected to show the correct date that she entered the Army, that the character of her service and the narrative reason for her separation be corrected on that form; and that she be granted physical disability retirement or separation.

3.  The applicant states her DD Form 214 shows that she entered on active duty on 30 February 1991, when in fact, she entered on 15 February 1991.  She injured her knee while on active duty doing low crawling exercises.

4.  A medical record from the Methodist Hospital of Kentucky, located in Pikeville, dated 8 December 1987, shows that the applicant had sustained an injury to her left knee when she fell while playing basketball on 4 December 1987, and was having pain in her left knee.  At the time of the injury, she stated that she received an injury similar to a clipping injury and the leg went outwards on the knee.  She was having pain, swelling and deformity in the left knee region with lateral angulation on weight bearing ambulation.  Past medical history was positive for weakness of the knee joint and she had repeated sprains in the past. 
Her knee was immobilized using a long leg cast, and the applicant’s mother informed about the injury and the possibility of stiffness and weakness in the knee joint which would require bracing and alteration in her athletic activities.  Her condition was diagnosed as torn medial collateral ligament and anterior cruciate ligament, left knee. 

5.  Medical records show that she was seen because of problems with her knee in January, February, and July 1988.  

6.  A 27 August 1990 report of medical examination indicates that the applicant was not qualified for enlistment in the Army, unless a waiver was granted, because of problems with her eyes, i.e., ptosis interfered with her vision.  A  request for medical waiver was approved on 10 December 1990.  In the report of medical history she furnished for the aforementioned medical examination, the applicant stated that her health was good.  She did not indicate any past or present problems with her knees, but only stated that she had eye trouble.

7.  The applicant enlisted in the Army Reserve in the delayed entry program (DEP) on 15 December 1990, and was discharged from that program on her enlistment in the Regular Army for 2 years and 20 weeks on 15 February 1991.
She was assigned to Fort Jackson, South Carolina for training.

8.  A 25 February 1991 medical report shows that she was seen because of complaints concerning her right shoulder and left knee.  A medical report of       29 March 1991 indicates that the applicant informed medical personnel about her past problems with her left knee.  She was also evaluated for problems with her right shoulder which she stated that she hurt while playing basketball in December 1987, and had intermittent problems since then.

9.  She was again seen by medical personnel on 8 April 1991 for her knee problems, at which time she stated that she had torn ligaments in 1987.  
  
10.  On 15 April 1991 she was treated for problems with her right foot, and on   26 April for her left knee problems.  She was again seen on 1 May 1991 for her left knee pain, and on 2 May 1991 proceedings of an entrance physical standards board (EPSBD) shows that she had a history of EPTS (existed prior to service) condition of chronic knee pain for four years; however, she made no mention of that on her report of medical examination [prior to enlistment].  Her knee condition was diagnosed as retropatellar pain syndrome/Baker cyst.  The board recommended that she be separated from the Army for failure to meet medical procurement standards.  Her condition existed prior to her service, but was not permanently service aggravated.  She did not meet the medical standards for retention in the Army.  Her physical profile was 1 1 3 1 1 1.  The board proceeding were approved by the medical authority and on 6 May 1991 the applicant concurred and requested to be discharged without delay.  The applicant’s commanding officer recommended her discharge, and the separation authority approved that recommendation on 10 May 1991.

11.  The applicant was released from active duty on 22 May 1991 at Fort Jackson, South Carolina.  Her DD Form 214 shows that she entered on active duty on 30 February 1991, an obvious error, and that she had 2 months and     23 days of service.  She was separated under the provisions of Army Regulation 635-200, paragraph 5-11.  Her character of service was “Uncharacterized”, and the reason for her separation was that she did not meet the procurement medical fitness standards-no disability.

12.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel from active duty.  Paragraph 5-11 provides for the early separation (within the first six months) of those individuals who were not
qualified under procurement medical standards, who manifested symptoms of medical problems that would have made them not qualified under procurement 

medical standards or who became not qualified prior to entry.  Although a soldier in such circumstance has a right to request retention, an individual has no right to be retained.  The retention or separation decision is within the cognizance of the appropriate discharge authority.  Except in certain extraordinary cases, uncharacterized entry level separation is mandatory for all individuals who are in an entry level status (within the first 180 of active duty) at the time separation
processing is commenced. 

13.  Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

CONCLUSIONS:

1.  The applicant was properly separated for a medical condition, problems with her left knee, which clearly existed prior to her enlisting in the Army.  Competent medical authority determined that the applicant was medically unfit for entrance on active duty due to a medical condition which was neither incurred in nor aggravated by active military service.  The applicant concurred and requested discharge without delay.  Accordingly, the applicant was discharged without disability benefits from the Army.

2 . The reason for her separation and the characterization of her service are correct and in accordance with the provisions of the regulation in effect at that time.  The applicant has submitted neither probative evidence nor a convincing argument to show otherwise.     

3.  The date the applicant entered on active duty as depicted in item 12a on her DD Form 214 is an obvious error.  She entered on active duty, as evidenced by her enlistment record, on 15 February 1991.  Item 12a on that form should be changed accordingly; and item 12c, “Net Active Service This Period”, should be changed to show that she had 3 months and 8 days of service.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant entered on active duty on                      15 February 1991 and that she had 3 months and 8 days of net active service.  

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

___jh___  __rvo___  ___rwa__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999023204	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990708	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1. 110.00		
2.  108.00		
3.		
4.		
5.		
6.