IN THE CASE OF: BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20150014751 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20150014751 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. IN THE CASE OF: BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20150014751 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, through his Member of Congress, requests his uncharacterized discharge be upgraded to an honorable discharge. 2. The applicant states, in effect, he was given an uncharacterized discharge but he deserves an honorable discharge. He wanted his medical issues taken care of by the Army and to be allowed to stay in; however, was told he could not stay in. He did not have any condition that would have been classified as existed prior to service (EPTS), as is recorded in his medical records. 3. The applicant provides no additional evidence in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Iowa Army National Guard (IAARNG) on 28 October 2013. He was ordered to initial active duty for training (IADT) effective 9 September 2014, to attend basic training and advanced individual training in military occupational specialty (MOS) 11B (Infantryman). 2. The applicant's record contains a DA Form 2697 (Report of Medical Assessment), signed and dated on 26 September 2014, which shows he certified the following information: * Item 10 (Compared to My Last Medical Assessment/Physical Examination, My Overall Health Is), he checked the box "Worse" with the comment: "My ankles, what I am here for" * Item 14 (Are You Now Taking Any Medications?), he checked the box "Yes" with the comment: "Motrin" * Item 15 (Do You Have Any Conditions Which Currently Limit Your Ability to Work in Your Primary Military Specialty or Require Geographic or Assignment Limitations?), he checked the box "Yes" with the comment: "Haglund Deformity Bilateral Posterior Ankles" 3. The health care provider who conducted his assessment signed and dated the form on 29 September 2014, indicating the assessment was conducted for the purpose of the applicant's separation from military service. 4. DA Form 4856 (Developmental Counseling Form), dated 30 September 2014, shows the applicant was counseled by his senior drill sergeant after failing to meet procurement medical fitness standards (EPTS). The applicant agreed with the counseling by authenticating the form with his signature and checking the box "I agree" on the same date. The form contains the statement: In accordance with Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), paragraph 5-11, Chapter 11 (Failure to Meet Procurement Medical Fitness Standards) (EPTS), you are being discharged from the military because of a medical condition (bilateral posterior ankle pain) that will not allow you continuance in the Army. If after 6 months or the prescribed time from a medical professional, your condition has improved, a waiver could be granted for re-entrance in the military service. 5. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings, dated 1 October 2014, shows an EPSBD found: a. In his third week of his initial enlistment, while at the reception station, the service member was found to have an EPTS condition on 26 September 2014. b. The service member complained of posterior bilateral heel pain one time a week, with the left worse than the right. The service member stated the condition was aggravated by wearing boots. c. The findings were Haglund deformity over the insertion of both Achilles tendons, tenderness with palpation of site, and pain with active motion – dorsiflexion and ambulation. The diagnosis was juvenile Osteochondrosis of tibial externum. d. The EPSBD noted his assignment limitations and recommended that he be separated from the military service. e. The medical approving authority approved the findings of the EPSBD on the same date and forwarded the recommended course of action to the unit commander for disposition. 6. The applicant was informed of the medical findings on 7 October 2014. He acknowledged he understood that legal advice of an attorney employed by the Army was available to him or that he could consult civilian counsel at his own expense. He also acknowledged he understood that he could request to be discharged without delay or to be retained on active duty. If retained, he could be involuntarily reclassified into another MOS based upon his medical condition. On 14 October 2014, he concurred with the proceedings and requested discharge from the Army without delay. 7. On 14 October 2014, he signed a memorandum for record waiving his right to seek legal counsel and stated he did not want to remain on active duty. 8. The applicant's commander recommended his separation from the Army on 4 October 2014. The separation authority approved the recommendation on 17 October 2014 and directed the applicant's discharge/separation. 9. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was released from active duty training and discharged from the Reserve of the Army and returned to the ARNG on 30 October 2014, under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of failing to meet procurement medical fitness standards. He was issued an "uncharacterized" character of service. He completed 1 month and 22 days of net active service and was not awarded an MOS. 10. Orders 314-053, issued by the IAARNG on 10 November 2014, discharged him from the ARNG effective 30 October 2014, with an uncharacterized characterization of service, by reason of medical, physical, or mental condition retention. 11. In connection with processing of this case, an advisory opinion was obtained on 3 November 2016 from the Army Review Boards Agency (ARBA) Senior Medical Advisor. The medical advisory opinion states: a. A review of the applicant's electronic medical record (AHLTA) revealed notes documenting ankle and/or heel pain [while wearing] multiple pairs of boots. The DA Form 4707, dated 1 October 2014 notes bilateral (left greater than right) bilateral posterior heel/ankle pain aggravated by wearing boots with diagnosis of juvenile osteochondrosis of tibial externum, with no prior waiver. b. The applicant did not meet medical procurement standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 2-10 (lower extremity) and following the provisions set forth in Army Regulation 635-200, chapter 5-11, that were applicable to his era of service (emphasis added). c. The applicant's medical conditions were duly considered during the EPTS separation processing. 12. The advisory opinion was provide to the applicant on or about 7 September 2016, to afford him the opportunity to respond to its content; however, he did not respond. REFERENCES: Army Regulation 635-200, in effect at the time, sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Paragraph 3-9 provided that a separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry-level status, except when: (1) an under other than honorable conditions characterization was authorized when the reason for separation and was warranted by the circumstances of the case; or (2) the Secretary of the Army, on a case by case basis, determined a characterization of service as honorable was clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization was authorized when the Soldier was separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority. b. Entry-level status is defined as the first 180 days of continuous active service for Regular Army Soldiers. c. Paragraph 5-11 provided 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, active duty for training, or initial entry training would 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 military service had it been detected at that time, and the medical condition did not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501. The character of service for Soldiers separated under this provision would normally be honorable, but would be uncharacterized if the Soldier was in an entry-level status. DISCUSSION: 1. The applicant's request that his uncharacterized discharge be changed to an honorable discharge was carefully considered. 2. Evidence shows he was found medically unqualified for service during IADT, due to a condition that was considered to have existed prior to service. Although he was allowed to enlist, it appears his condition impacted his ability to complete initial entry training. The EPSBD proceedings show he was evaluated by competent medical authorities and he was diagnosed with juvenile osteochondrosis of tibial externum. 3. When informed of the medical findings, he concurred with them and requested to be discharged from the Army without delay. Additionally, after a thorough review of his medical records, the ARBA medical advisory opined that his medical condition did not meet medical procurement standards in accordance with applicable regulations and was duly considered during his separation processing. 4. The evidence of record also shows he was in an entry-level status at the time of his separation. As a result, his service was appropriately described as "uncharacterized" in accordance with governing regulations. All requirements of law and regulation were met and his rights were fully protected throughout the separation process. 5. An honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. There are no such circumstances present in his records. 6. An uncharacterized discharge 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014751 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014751 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2