BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002263 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: 22 August 2017 DOCKET NUMBER: AR20160002263 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: 22 August 2017 DOCKET NUMBER: AR20160002263 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 she was honorably discharged based on an unfitting medical condition. The applicant also requests personal appearance before the Board. 2. The applicant states she sustained an injury (on 21 September 2010) during basic training at Fort Jackson, SC. a. She twisted her knee and ankle when she fell while crawling on a single (horizontally hung) rope. She reported the injury to her drill sergeant and was transported by vehicle back to the barracks. However, her drill sergeant denied her the opportunity to seek medical care until the next morning. b. She was required to participate in physical training the next morning, which worsened her injury. She was then seen by a doctor, her ankle was purple in color, and the doctor issued her crutches. She asserts that if she had not been denied medical care the day prior and had not been required to participate in physical training the next morning, her medical condition would not have been as severe. She adds that she continues to suffer from knee problems. She states her DD Form 214 should be corrected to show she was medically discharged. 3. On 8 February 2017, the Director, Case Management Division, Army Review Boards Agency (ARBA), notified the applicant that her military service records did not contain her discharge packet. She was advised that in order to properly adjudicate her application, a copy of her separation packet was required. 4. On 1 March 2017, the applicant responded to the request for documents. She stated that she was not issued a DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) by Moncrief Army Hospital, Fort Jackson, SC. She also stated that she should have been provided a copy of the DA Form 4707; however, she was naïve about the process when she was discharged. She added that her unit did not want to transfer her to another platoon because she was not physically fit to continue basic training. Despite knowing her physical condition, hospital officials released her from active duty. She concludes that the U.S. Army rushed in releasing her from active duty without an EPSBD. 5. The applicant provides: * two self-authored statements (summarized above) * two DA Forms 4856 (Developmental Counseling Forms) * two Initial Entry Training (IET) Physical Profiles (one duplicate copy) * five Fort Jackson (FS) Forms 689-R (Initial Military Training (IMT) Sick Slips) (three duplicate copies) * an appointment slip * a separation memorandum * her DD Form 214 * two Department of Veterans Affairs (VA) rating decisions 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. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve on 23 April 2010 for a period of 8 years. She further enlisted in the Regular Army on 8 September 2010 for a period of 3 years and 22 weeks. 3. A review of the applicant's military service records failed to reveal a copy of her separation packet. 4. Headquarters, U.S. Army Training Center, Fort Jackson, SC, Orders 288-1312, dated 15 October 2010, discharged the applicant from the Army effective 19 October 2010. The additional instructions show: * Percentage of Disability: None * Soldier is NOT entitled to separation pay in accordance with Title 10, U.S. Code, section 1174 5. The applicant's DD Form 214 shows she entered active duty on 8 September 2010 and was discharged on 19 October 2010. She completed 1 month and 12 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), chapter 11 (Entry Level Performance and Conduct) * item 26 (Separation Code): JGA (Entry Level Performance and Conduct) * item 28 (Narrative Reason for Separation): Entry Level Performance and Conduct * item 21a (Signature of Member Being Separated), the applicant electronically signed the document 6. In support of her application the applicant provided the following documents. a. A DA Form 4856 that shows the applicant's platoon sergeant counseled her on 28 September 2010 and stated, "Soldier you are being recommended for [AR 635-200] Chapter 11. You have been counseled for missing three core training events due to your injury. After speaking with your health care provider about your current physical condition, you feel that it is in your best interest to not continue training in the Army. It is my opinion that you are doing what is best for you in your decision to ask for separation." The applicant and her platoon sergeant signed the form on 28 September 2010. b. A DA Form 4856 that shows the applicant's commander counseled her on 29 September 2010 and informed her that he was recommending her for discharge under the provisions of AR 635-200, chapter 11. It shows, "This chapter is being recommended because you have missed three core training events due to your injury. You were given the opportunity to receive a Red Phase New Start and have declined the opportunity. After speaking with your health care provider, you have determined that it would be in your best interest to discontinue with Basic Combat Training. I am going to recommend to the Chain of Command that you be discharged from the U.S. Army under AR 635-200, chapter 11." The applicant and her commander signed the form on 29 September 2010. c. Appointment with Athletic Trainer slip that shows the applicant had a rehabilitation appointment scheduled for 12 October 2010. d. IET Physical Profile (two copies) with a Valid Through Date of 23 September 2010 and two IMT Sick Slips, dated 24 September 2010 and 30 September 2010 (with three duplicate copies) that show the physical training limitations imposed based on the applicant's right knee stress reaction. e. Headquarters, 1st Battalion, 13th Infantry Regiment, 193rd Infantry Brigade, U.S. Army Basic Combat Training Center of Excellence, Fort Jackson, SC, memorandum, dated 7 October 2017, subject: Separation Under AR 635-200, Chapter 11, Entry Level Performance and Conduct (pertaining to applicant), that shows the separation authority reviewed the separation packet and, after consideration of all matters, approved separation of the applicant. f. VA Regional Office, Roanoke, VA, letter, dated 27 March 2012, and VA Rating Decision, dated 16 March 2012, that show, effective 20 October 2010, the VA granted the applicant service connected compensation with an overall combined rating of 30 percent (%) for: * patellofemoral syndrome of the right knee – 10% * left ankle strain – 10% * right ankle strain – 10% g. VA, Washington, DC, letter, dated 4 November 2016, that shows the VA determined the applicant's medical condition of patellofemoral pain syndrome of the left knee (rated at 10%, effective 20 October 2010) was service connected and she was granted an overall combined rating of 40%. 7. In the processing of this case, an advisory opinion was obtained from the ARBA medical staff, dated 1 March 2017. 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 was on 18 September 2010 (time in service 10 days) for left ankle pain (3 days) and right knee pain since the day prior. He also noted, in pertinent part: * IET Physical Profile, undated, for leg pain (both sides), temporary PULHES–113111, expiration date: 23 September 2010 * follow-up clinic visits on 22, 24, and 25 September 2010 * athletic trainer visits on 27 & 30 September, and 1, 4, 6, 8, and 12 October 2010 * IMT Sick Slip, dated 30 September 2010, for right knee stress reaction with temporary PULHES–113111, expiration date: 15 October 2010 (2)  A limited review of VA records through the Joint Legacy Viewer revealed 10 problems (3 VA listed), including ankle joint pain, enthesopathy (a disorder involving the attachment of a tendon or ligament to the bone) of knee, and hyperlipidemia. b. The ARBA Senior Medical Advisor found the applicant met medical retention standards for knee and ankle pain or stress reactions in accordance with (IAW) AR 40-501 (Standards of Medical Fitness), Chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement), and IAW AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) that were applicable to the applicant's era of service. He noted, "At the time of separation, the applicant was medically eligible to restart basic combat training at a later date. The applicant was separated because she declined the opportunity to recycle for a new basic training start later in the year." c. The ARBA Senior Medical Advisor concluded that the applicant's medical conditions were duly considered during her medical separation processing. He found no evidence of a medical disability or condition which would support a change to the character or reason for the applicant's administrative discharge. 8. On 3 March 2017, the applicant was provided a copy of the ARBA advisory opinion to allow her the opportunity (30 days) to submit comments or a rebuttal. A response was not received from the applicant. REFERENCES: 1. AR 635-200, in effect at the time, provides the basic authority for the separation of enlisted personnel. a. Chapter 11 sets forth policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry level status. This policy applied to Regular Army, U.S. Army Reserve, and Army National Guard personnel who were in an entry level status and, before the date of initiation of separation action, had completed no more than 180 days of creditable continuous active duty or initial active duty for training, or no more than 90 days of Phase II under a split or alternate training option. b. Chapter 3 (Character of Service/Description of Separation), in pertinent part, shows in: (1) paragraph 3-7 (Types of administrative discharges/character of service), an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Only the honorable characterization may be awarded to a Soldier upon completion of his or her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reason for separation, unless an entry level status separation (uncharacterized) is warranted. (2) paragraph 3-9 (Uncharacterized separations), a separation will be described as an entry level separation with service uncharacterized, if processing is initiated while a Soldier is in entry level status. Entry-level status terminates 180 days after the Soldier's entry on active duty. 2. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. It shows for: * item 24, the authorized entries are Honorable, Under Honorable Conditions (General), Under Other Than Honorable Conditions, Bad Conduct, Dishonorable, and Uncharacterized * item 28, enter the narrative reason for separation as shown in AR 635-5-1 (Separation Program Designator (SPD) Codes) based on the regulatory or other authority 3. AR 635-5-1 provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JGA" as the appropriate code to assign enlisted Soldiers involuntarily separated UP AR 635-200, chapter 11, based entry level performance and conduct. 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. The ABCMR considers individual applications that are properly brought before it and begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. The ABCMR will decide cases on the evidence of record; the ABCMR is not an investigative body. b. The regulation also shows that applicants do not have a right to a hearing before the ABCMR. The Director of the ABCMR or the chair of an ABCMR panel may grant a formal hearing whenever justice requires. DISCUSSION: 1. The applicant contends, in effect, that her uncharacterized discharge based on entry level performance and conduct should be changed to an honorable discharge with an appropriate narrative reason for medical separation because she was injured during basic combat training and the VA has determined the injury was service-connected. 2. The applicant's request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. The evidence of record shows that a separation will be described as an entry level separation with service uncharacterized, if separation action is initiated while a Soldier is in entry level status (i.e., has completed no more than 180 days of creditable continuous active duty). 4. Records show the applicant entered active duty on 8 September 2010, she was discharged on 19 October 2010, and she completed 1 month and 12 days (i.e., 42 days) of net active service during this period. The evidence of record confirms the applicant was in an entry level status and her character of service is correctly recorded as "uncharacterized" on her DD Form 214. 5. In the absence of evidence to the contrary, it is presumed that the applicant's discharge UP AR 635-200, chapter 11, was administratively correct and in compliance with applicable regulations in effect at the time with no indication of procedural errors which would have jeopardized her rights. Considering the facts of this case, the narrative reason for separation (i.e., entry level performance and conduct) and character of service (i.e., uncharacterized) were appropriate, correct, and equitable. 6. The evidence of record shows the applicant was counseled on at least two occasions during the period of service under review. The counseling pertained to her missing three core training events due to injury and, after being given the opportunity to receive a new start in basic training, she declined the opportunity. a. The applicant's service during the brief period of service under review did not meet the standards of acceptable conduct and performance of duty for Army personnel to qualify for an honorable discharge. b. The ARBA medical advisor reviewed the applicant's medical records and found that she met medical retention standards. c. The fact that the VA has determined that the applicant's injury was service connected is not evidence that, on its own, supports a conclusion that she should have been medically discharged. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002263 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002263 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2