BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018059 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 BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018059 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. BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018059 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 his military records by: a. showing he was not discharged; b. reinstating him in the Regular Army in the rank of sergeant, pay grade E-5; c. paying him back pay to the date of his wrongful discharge; or d. if none of this can be done, showing he was discharged with a disability and paying him accordingly. 2. The applicant states, in effect, he was medically accepted into the U.S. Army by medical personnel at the Military Entrance Processing Station (MEPS). He shipped on 24 January 2012 to Fort Jackson, South Carolina, for basic training. While there, he was medically evaluated again and a military doctor said he had keratoconus which is not a medically acceptable condition. The doctor said this condition existed prior to service and that he would go before a board. He did not go before a board. He was discharged on 8 February 2012, given his medical records and shipped home by bus. Since then, he was twice examined by an eye doctor at the Direct Optical Center in Columbus, Georgia. On 8 May 2015, he was told he did not have keratoconus or cataracts. He contends that he was incorrectly discharged. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) Member Copy 4 * Standard Form (SF) 600 (Chronological Record of Medical Care, dated 26 January 2012 (5 pages) * Anthem BlueCross BlueShield Claim Statement for medical service on 8 May 2015 * Optometry Work-Up, dated 9 May 2015 * Letter of Support, National Association for the Advancement of Colored People (NAACP), dated 21 September 2015 * Letter of Support, Everlasting Peace Counseling and Support Services LLC, dated 30 September 2015 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 24 January 2012, the applicant enlisted in the Regular Army and was sent to Fort Jackson, South Carolina, for basic training. 3. An SF 600, dated 26 January 2012, shows the applicant was medically examined and found to have keratoconus. His separation for failure to meet medical procurement standards was recommended. Any degree of keratoconus is disqualifying for military service. Retention was deemed impractical. The applicant was informed keratoconus is a progressive condition. 4. The applicant’s military personnel record contains a DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 30 January 2012, which shows: a. The applicant, a 25-year old male, underwent a general physical examination to include a visual examination. He reported using glasses full time for the previous 10 years, without a change in the prescription. During the examination, it was noted that his cornea had inferior thinning. He was diagnosed with keratoconus. His distance vision was correctable to 20/20. b. The applicant’s condition was determined to have existed prior to service (EPTS). c. Any degree of keratoconus fails to meet entrance physical standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), paragraph 2-12c. d. Based on a careful consideration of the applicant's medical records, laboratory findings, and medical examinations, the board found that he was medically unfit for enlistment in accordance with current medical fitness standards. e. The findings were signed by two physicians and approved by the Deputy Commander for Clinical Services, also a medical doctor. f. On 1 February 2012 the applicant was informed of the medical findings. He initialed and signed the form indicating that he concurred with the board's decision and requested to be discharged without delay. g. On 2 February 2012 the applicant's company commander recommended his discharge. The battalion commander approved the recommendation that same day. 5. The applicant's DD Form 214 shows he was discharged with an uncharacterized characterization of service on 8 February 2012. He was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11. He completed 15 days of active duty service. His DD 214 also shows in: * item 26 (Separation Code), JFW * item 27 ( Reentry Code), 3 * item 28 (Narrative Reason for Separation), failed medical/physical/ procurement standards 6. The letters of support provided by the applicant strongly urge his reinstatement based on the same data and arguments presented by the applicant. His new medical evidence shows he had an eye examination in 2015 and that his vision is correctable with glasses. There is no mention of corneal dystrophy or keratoconus within his civilian medical evidence. REFERENCES: 1. Army Regulation 40-501, chapter 3, provides the standards for medical fitness for retention and separation, including retirement. Soldiers with medical conditions listed in this chapter should be referred for disability processing. Paragraph 2-12c concerns the cornea and it shows the medical condition keratoconus of any degree does not meet medical standards. 2. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-11 provides that Soldiers who are 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 the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3. The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry level status. Entry level status is defined as the first 180 days of continuous active duty. 3. Army Regulation 601-210 (Regular Army and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Army Reserve. Chapter 3 prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces reentry (RE) codes including Regular Army RE codes. RE3 applies to persons separated from their last period of service with a waivable disqualification. This regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of JFW is applicable for Soldiers separating under the provisions of AR 635-200, paragraph 5-11, for failure to meet medical/physical procurement standards. Additionally, the SPD/RE Code Cross Reference Table establishes RE3 as the proper RE code to assign to Soldiers for this reason. 5. Army Regulation 635-40 (Disability Evaluation for Retention, Retirement or Separation), chapter 5, provides that if a Soldier is processed for failure to meet procurement fitness standards within the first 6 months of entry on active duty due to EPTS condition, then the Soldier will be discharged in an entry level status with uncharacterized service. 6. The National Keratoconus Foundation explains that keratoconus eye disease is a condition in which the cornea becomes progressively thinner, ultimately bulging outward in the shape of a cone. The condition is non-inflammatory. It significantly impairs vision, potentially requiring a corneal transplant. It occurs when there are not enough antioxidants present in the cornea to protect the collagen from the harmful byproducts made by corneal cells. Collagen is the name of the protein fibers that hold the cornea in its usual dome shape. The condition is most often diagnosed in teenage patients, although it is not uncommon for doctors to see it in children or patients up to age 30. People rarely first develop keratoconus eye disease at later ages. About one in every 2,000 people has keratoconus eye disease, meaning it is neither a common nor a rare condition. People diagnosed with the condition visualize the world differently than people with normally shaped corneas because it is the job of the corneas to refract light entering the eye. In the early stages of the disease, patients commonly experience only slightly blurry vision and light sensitivity, so they may only require eyeglasses or contact lenses to correct their vision problems. More advanced treatments become necessary as the condition progresses. DISCUSSION: 1. The evidence of record confirms the applicant was diagnosed with having keratoconus at the time of his active duty entrance processing. Accordingly, he was evaluated by an EPSBD, whereat his EPTS condition was confirmed. The condition keratoconus by regulation is an unfitting medical condition requiring review by an administrative medical board. The board determined he should be discharged because he did not meet medical procurement standards. He was counseled and advised of his rights and he elected a discharge from the Army without delay. The evidence shows his rights were fully protected throughout the separation process. Since he did not sustain a medical illness or injury that was incurred in the line of duty and rendered him medically unfit while entitled to basic pay, he does not qualify for a medical separation. 2. While the circumstances of the applicant's enlistment and subsequent discharge are unfortunate; they do not make him eligible for any special benefit or consideration for reinstatement into the military service. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the medical records and EPSBD proceedings, were correct at the time. 3. This Board does not establish eligibility for entry into the Army, nor does it correct records solely for the purpose of establishing eligibility for other programs or benefits. The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant's RE code. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018059 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018059 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2