IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150005337 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, that his entry level separation – uncharacterized discharge be upgraded and his narrative reason for separation be changed. 2. He states he perforated his ear drum on the M-16 firing range in basic training. He was subsequently discharged because he could no longer perform the duties of his military occupational specialty. He states he never had a need to use his Department of Veterans Affairs (VA) benefits until now and he has found that he does not have any benefits. 3. He does not provide any 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. On 26 August 1985, the applicant enlisted in the U.S. Army Reserve (USAR). On 15 October 1985, he was ordered to initial active duty training (ADT). 3. On 3 December 1985, he was seen at the Ear, Nose, and Throat Clinic, Ireland Army Community Hospital, Fort Knox, Kentucky, for a perforated right ear. The physician assistant noted the perforation occurred prior to his service and it was found to be "OK," but the right ear had been draining for the past two weeks. 4. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 3 December 1985, shows that after careful consideration of the applicant's medical records, laboratory findings, and medical examination, the board found the applicant was medically unfit for enlistment in accordance with the current medical fitness standards of Army Regulation 40-501 (Standards of Medical Fitness). This determination was based on his medical condition of perforation and drainage from the right tympanic membrane. The perforation of the right ear was listed as occurring prior to service. 5. On 6 December 1985, the medical approving authority approved the findings of the board. 6. On 12 December 1985, the applicant initialed the EPSBD Proceedings indicating "I concur with these proceedings” and requested that he be retained on active duty. He also provided a statement requesting that he be retained in the military. The unit commander also recommended that the applicant be retained in the military. 7. However, on 18 December 1985, he was discharged. His DD Form 214 shows his character of service as "uncharacterized." Item 25 (Separation Authority) lists Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11. Additionally, item 28 (Narrative Reason for Separation) states "Did not meet procurement medical fitness standards – no disability." He was credited with completing 2 months and 4 days of total active service. 8. His record is void of any evidence or documentation that shows he injured his ear drum during basic training. 9. Army Regulation 635-200 states, in pertinent part, 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 entry on active duty (AD) or ADT for initial entry training, may be separated. Such conditions must be discovered during the first 6 months of AD. Such findings will result in an EPSBD proceeding. This board, which must be convened within the Soldier’s first 6 months of AD, takes the place of the notification procedures required for separation under this chapter. 10. The same regulation states that 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 Soldier’s initial entrance on active duty for Regular Army or during ADT for initial entry training for Army National Guard and USAR Soldiers that: (1) Would have permanently or temporarily disqualified the Soldier for entry into the military service or entry on active duty or ADT for initial entry training had it been detected at that time and (2) Does not disqualify the Soldier for retention in the military service per Army Regulation 40–501, chapter 3. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he injured his ear drum on the M-16 firing range; therefore, his discharge should be upgraded and the narrative reason for separation changed to allow him VA benefits. 2. There are no provisions in Army regulations that allow for the upgrade of a discharge for the sole purpose of securing veterans' benefits. The applicant must provide evidence to prove the discharge was rendered unjustly, in error, or that there were mitigating circumstances which warrant the upgrade. 3. The evidence of record shows an EPSBD was conducted and determined that the applicant’s medical condition of perforation of the right ear existed prior to service. Additionally, the applicant concurred with the board proceedings and requested to be retained on active duty. However, he was discharged from the Army without delay. The applicant has presented no medical evidence to show the EPSBD findings and recommendations were improper or unjust. Therefore, there appears to be 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) AR20150005337 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005337 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1