BOARD DATE: 25 July 2017 DOCKET NUMBER: AR20150018989 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 July 2017 DOCKET NUMBER: AR20150018989 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 July 2017 DOCKET NUMBER: AR20150018989 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was honorably discharged based on physical disability. 2. The applicant states that he was in good health when he entered military service. However, the U.S. Army asserted that he was born with a medical condition that affected his hands and made him unqualified for military service. Instead of honorably discharging him with a medical discharge, he was discharged with uncharacterized service. A Department of Veterans Affairs (VA) official advised him to seek correction of his discharge (to an honorable or medical discharge) in order to qualify for VA benefits. 3. The applicant provides: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * DD Form 214 * VA benefits letter 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 U.S. Army Reserve (USAR) on 8 April 2010 for a period of 8 years. He was ordered to active duty for training on 5 July 2010. 3. A DD Form 2807-1 (Report of Medical History) prepared by the applicant on 8 April 2010 shows no reported medical or physical problems. 4. A DD Form 2808 (Report of Medical Examination) prepared by the examining physician on 8 April 2010 shows in: * item 33 (Upper Extremities), a checkmark indicating "Abnormal" and the entry, "Congenital defect of both hands – cannot fully extend fingers, but good strength and otherwise ROM [Range of Motion] – good fist grip" * item 74 (Examinee/Applicant), is qualified for service * item 77 (Summary of Defects and Diagnoses), item 33 – "Mild congenital hand-finger deformity" * item 86 (Waiver Granted), no entries 5. A DA Form 4707-E (Entrance Physical Standards Board (EPSBD) Proceedings), dated 28 July 2010, shows an EPSBD considered the applicant's medical records, laboratory findings, and medical examination. The chief complaint was congenital contraction of fingers 2 through 5 of both hands that was interfering with the applicant's ability to train in the military. The applicant's medical history shows "congenital contraction of fingers" and "myopia." The examining physician's findings show the applicant had a medical history of congenital contraction of fingers. (The applicant was unable to straighten out the fingers of either hand.) She recommended separation based on failure to meet procurement medical standards that existed prior to service (EPTS). The EPSBD also shows on: * 29 July 2010, the medical authority approved the EPSBD proceedings * 6 August 2010, the applicant was informed of the findings, concurred with the EPSBD proceedings, and requested discharge without delay * 6 August 2010, the unit commander recommended the applicant be discharged from the Army * 9 August 2010, the separation authority approved the applicant's discharge 6. Headquarters, U.S. Army Maneuver Support Center of Excellence, Fort Leonard Wood, MO, Orders 23-1307, dated 18 August 2010, discharged the applicant from the USAR effective 19 August 2010. 7. The applicant's DD Form 214 shows he entered active duty on 5 July 2010 and he was discharged on 19 August 2010. He completed 1 month and 15 days of net active service during this period. It also shows in: * item 24 (Character of Service), "Uncharacterized" * item 25 (Separation Authority), Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11 * item 26 (Separation Code), "JFW" (Failed Medical/Physical/Procurement Standards) * item 28 (Narrative Reason for Separation), "Failed Medical/Physical/ Procurement Standards" * item 21a (Signature of Member Being Separated), the applicant digitally signed the document 8. In support of his application he provided the following documents. a. A DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States). Note: Based on his request (i.e., medical discharge), his request does not fall under the purview of the Army Discharge Review Board. b. VA Regional Office, Waco, TX, letter, dated 22 October 2015, showing VA records indicate the applicant's character of discharge and service dates as "Honorable, Army, 5 July 2010 – 19 August 2010." The letter also shows he was granted service-connected disability with a combined evaluation of 80 percent, but he is being paid at the 100-percent rate ($3,268.12/monthly) due to being unemployable effective 1 January 2011. 9. In the processing of this case, an advisory opinion was obtained from the Army Review Boards Agency (ARBA) medical staff, dated 21 December 2016. a. The ARBA Senior Medical Advisor reviewed the applicant's military personnel records and electronic medical record. (1)  He noted the applicant's first clinic visit for congenital hand problems (EPTS) was on 21 July 2010 with comprehensive examination, x-ray, and laboratory reports with an occupational therapy evaluation ordered. He also noted a follow-up clinic visit occurred on 28 July 2010 for examination and EPSBD dictation, including a detailed description of the applicant's medical condition. (2)  A limited review of VA records through the Joint Legacy Viewer with 16 listed problems (7 entered by the VA), including acquired claw hand, allergic rhinitis (inflammation of the mucous lining of the nose), seborrheic keratitis (a type of harmless skin growth that bears a resemblance to skin cancer), and others. b. The ARBA Senior Medical Advisor found the applicant did not meet medical accession standards for congenital contraction of fingers 2 through 5 of bilateral hands of upper extremities (EPTS, non-disclosed) in accordance with (IAW) AR 40-501 (Standards of Medical Fitness), chapter 2 (Physical Standards for Enlistment, Appointment, and Induction), and following the provisions set forth in AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) that were applicable to the applicant's era of service. c. He also found the applicant met medical retention standards for myopia (vision problem corrected to 20/20) and allergic rhinitis IAW AR 40-501, chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement), and IAW AR 635-40 that were applicable to the applicant's era of service. d. The ARBA Senior Medical Advisor concluded that the applicant's medical conditions were duly considered during his medical separation processing. He found no evidence of a medical disability or condition which would support a change to the applicant's administrative discharge. 10. On 28 December 2016, the applicant was provided a copy of the ARBA advisory opinion to allow him the opportunity (30 days) to submit comments or a rebuttal. A response was not received from the applicant. REFERENCES: AR 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 5 (Separation for Convenience of the Government), paragraph  5-11, provides 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 or active duty for training (ADT) for initial entry training, may be separated. Such conditions must be discovered during the first 6 months of active duty and will result in an EPSBD, which must be convened within the Soldier's first 6 months of active duty. b. Chapter 3 (Character of Service/Description of Service), paragraph 3-7a, states an honorable characterization may be awarded to a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or ADT, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted. c. Section II (Terms) of the glossary states that entry-level status for Reserve Soldiers begins upon enlistment in the USAR or Army National Guard of the United States and, for Soldiers ordered to ADT for one continuous period, it terminates 180 days after beginning training. DISCUSSION: 1. The applicant contends his records should be corrected to show he was honorably discharged based on an unfitting physical condition because he was in good health when he entered military service. 2. The evidence of record shows that shortly after entering active duty, the applicant was diagnosed with a medical condition that EPTS. 3. An EPSBD was convened within 1 month of the applicant entering active duty and found his condition medically disqualifying under procurement medical fitness standards. The applicant concurred with the EPSBD proceedings and requested discharge. Prior to the applicant completing 180 days of active service, the separation authority directed the applicant be separated from the Army. The regulatory guidance states that an entry-level status Soldier's separation will be uncharacterized. 4. The applicant's administrative separation under the provisions of AR 635-200, paragraph 5-11, based on being not medically qualified under procurement medical fitness standards prior to entry on active duty was in compliance with all requirements of law and applicable regulations with no indication of procedural errors which would have jeopardized his rights. In addition, the type of discharge directed, narrative reason, and character of service shown on the applicant's DD Form 214 are appropriate and correct. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018989 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018989 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2