IN THE CASE OF: BOARD DATE: 8 March 2016 DOCKET NUMBER: AR20150008287 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the narrative reason for separation as medical. 2. The applicant states: * she needed the assistance of crutches when she left boot camp * she was told her discharge was medical, but the paperwork shows a general discharge * she receives service-connected disability compensation 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 25 April 2011 for a period of 3 years. 3. Her records contain a memorandum from the treating physical therapist, dated 15 June 2011, which states: a. The applicant was seen in the Physical Therapy Clinic for an injury she sustained as a result of the impact stresses from normal physical activities required in training (i.e., marching, running, and jumping). Magnetic resonance imaging revealed a healing (grade 1) left-femoral neck stress fracture. b. Because this injury was a factor of overuse and lack of overall physical conditioning, separation from the military would be in her best interest at that time. She was not a candidate for surgery and should heal 100 percent as long as she did not participate in any high-impact activities (i.e., running and jumping) for 6 to 8 weeks. She needed to develop improved tolerance for impact-related activity through a prolonged program of weight training and a gradual walk-to-run program of at least 6 months in length. c. She was not a candidate for a physical training and rehabilitation program or separation for a condition that existed prior to service and did not meet the criteria for a medical board. d. He recommended her separation under the provisions of Army Regulation  635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17. 4. Her unit commander initiated action to separate her under the provisions of Army Regulation 635-200, paragraph 5-17, for other designated physical or mental conditions. The commander cited the applicant's diagnosis of a healing (grade 1) left-femoral neck stress fracture. 5. On 29 June 2011, the separation authority approved the recommendation for separation and directed characterization of her service as uncharacterized. 6. On 8 July 2011, she was discharged under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a physical condition, not a disability. She completed 2 months and 14 days of net active service this period. Her service was uncharacterized. 7. Her DD Form 214 shows in: * item 24 (Character of Service) – Uncharacterized * item 25 (Separation Authority) – Army Regulation 635-200, paragraph  5-17 * item 26 (Separation Code) – JFV * item 28 (Narrative Reason for Separation) – Condition, Not a Disability 8. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Chapter 5 provides for separation for the convenience of the government. Paragraph 5-17 (Other Designated Physical or Mental Conditions) provides for discharge on the basis of other designated physical or mental conditions not amounting to disability under the provisions of Army Regulation  635-40 (Physical Evaluation for Retention, Retirement, or Separation) and excluding conditions appropriate for separation processing under paragraph 5-11 (Separation of Personnel Who Did Not Meet Procurement Medical Fitness Standards) or 5-13 (Separation Because of Personality Disorder) that potentially interfere with assignment to or performance of duty. A Soldier separated for the convenience of the government will be awarded a character of service of honorable or under honorable conditions, or an uncharacterized description of service if in an entry-level status. 9. Army Regulation 635-200 defines entry-level status for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. 10. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. SPD code JFV applies to Soldiers discharged by reason of a condition, not a disability, and the regulatory authority is Army Regulation  635-200, paragraph 5-17. 11. 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. The unfitness must be of such a degree that a Soldier is unable to perform the duties of his or her office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his or her employment on active duty. 12. Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade, or rating because of disability incurred while entitled to basic pay. DISCUSSION AND CONCLUSIONS: 1. Although the applicant contends her discharge paperwork shows she was issued a general discharge, her DD Form 214 shows her character of service as uncharacterized. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Solder has not served on active duty long enough for his or her character to be rated. 2. The evidence of record supports her contention that she was told her discharge was medical. Her DD Form 214 clearly shows she was discharged by reason of a physical condition, not a disability. However, the memorandum from the treating physical therapist stated her stress fracture was healing and should heal 100 percent as long as she did not participate in any high-impact activities. As a result, she did not qualify for evaluation by a medical board. She was properly separated under the provisions of Army Regulation 635-200, paragraph 5-17, on the basis of other designated physical or mental conditions not amounting to disability. Her narrative reason for separation was administratively correct and in conformance with applicable regulations at the time of her discharge. 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) AR20150008287 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008287 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1