IN THE CASE OF:  

		BOARD DATE:  14 September 2020

		DOCKET NUMBER:  AR20200000073


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show the character of his service as general under 
honorable conditions and to show the narrative reason for his separations as "medical."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States)
*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	Department of Veterans Affairs (VA) benefits decision letter, dated 17 August 
2017
*	medical statement, dated 16 June 2017
*	three third-party statements

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, U.S. 
Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states 

	a.  He has proven to the VA that without a doubt, the reason for his discharge is 
in error and that he sustained an injury while on active duty.  Based on the narrative 
reason for his separation, he cannot apply for veterans' benefits such as home financing 
and some of the other available opportunities available for veterans.  

	b.  He is requesting that his record be changed based on a misdiagnosis by the 
doctor at Fort Jackson, SC.  He passed the pre-medical fitness test before his entry 
exam as well as his first physical assessment test, therefore, the narrative of "failure to 
meet procurement standards" is false.  

	c.  He believes that based on the overwhelming evidence he has provided, as 
well as his ability to pass the first three assessments, that his record of service should 
corrected to reflect the fact that he sustained an injury while on active duty.  

3.  The applicant enlisted in the California Army National Guard (CAARNG) on 9 
February 2004.  He entered initial active duty for training (IADT) on 9 March 2004.

4.  The applicant's separation proceedings from IADT proceedings are not available.  
However, his DD Form 214 shows he was released from IADT and from the Reserve of 
the Army transferred to the CAARNG on 27 April 2004, under the authority of Army 
Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11, 
by reason of "failure to meet procurement medical fitness standards" with a character of 
service of "uncharacterized."  The DD Form 214 further shows he completed 1 month 
and 19 days of active duty service.  

5.  The applicant's National Guard Bureau Form 22 (Report of Separation and Record of 
Service) shows he was discharged from the ARNG on 28 April 2004 by reason of failure 
to meet medical procurement standards.  

6.  The applicant provided: 

	a.  A VA benefits decision letter, dated 17 August 2017, showing he was granted 
service-connected disability compensation, effective 14 May 2014, based on a 
diagnosis of ulnar negative variant with degenerative arthritis, right wrist.

	b.  A medical statement, dated 16 June 2017, showing that on 23 May 2008, the 
applicant complaint of low back, left hip, headaches, right and left shoulder pain as 
well as bilateral "on and off" hand pain with occasional weakness.  He treating 
physician also stated the following:

	[The applicant] reported that during basic training, while being evaluated in his 
	1st assessment, that he had no pain performing all the tasks required until he felt a 
"pop" in his right wrist during push-ups which he successfully performed.  However, 
during his 2nd assessment evaluation he was unable to support his body weight due 
to pain in the right wrist.  It was at this time he was sent to the infirmary and was 
evaluated by [Dr. M].  In reviewing the military records (provided by [the applicant]) 
dated 31 March 2004, there was an examination performed by [Dr. M].  Dr. M's 
examination notations include that [the applicant], a 25 year old U.S. Army Soldier, 
was complaining of pain during increased activity during his training as a Heavy 
Wheel Mechanic (63S).  He observed a marked decreased right wrist ROM as 
compared to the left which ranged from a decrease of 15 degrees to as much as 
	25 degrees.  X-rays were performed and revealed marked negative ulnar deviation a 
malformation that can lead to Kienbocks disease.  His diagnosis was wrist pain due 
to congenital bony malformation.  Furthermore, he recommended that [the applicant 
be separated from the U.S. Army.  In conclusion, he recommended restrictions to 
include no crawling, stooping, running, jumping, marching or standing for long 
periods, that no assignments be made requiring handling heavy materials including 
weapons as well as no overhead work, pushups or pull-ups.

	c.  Three third-party statement essentially stating they have known the applicant 
since before his enlistment and that he never showed any physical 
disabilities/issuesprior to his enlistment.  

7.  Based on the applicant's contention the Army Review Board Agency medical staff 
provided a medical review for the Board members. See "MEDICAL REVIEW" section.

8.  The Army rates only conditions determined to be physically unfitting at the time of 
discharge, which disqualify the Soldier from further military service.   The Army disability 
rating is to compensate the individual for the loss of a military career.   The VA does not 
have authority or responsibility for determining physical fitness for military service.   The 
VA may compensate the individual for loss of civilian employability.

9.  Title 38, U.S. Code, Sections 1110 and 1131, permit the VA to award compensation 
for disabilities which were incurred in or aggravated by active military service.   
However, an award of a VA rating does not establish an error or injustice on the part of 
the Army. 

10.  Title 38, Code of Federal Regulations, Part IV is the VA’s schedule for rating 
disabilities.  The VA awards disability ratings to veterans for service-connected 
conditions, including those conditions detected after discharge.   As a result, the VA, 
operating under different policies, may award a disability rating where the Army did not 
find the member to be unfit to perform his duties.   Unlike the Army, the VA can evaluate 
a veteran throughout his or her lifetime, adjusting the percentage of disability based 
upon that agency's examinations and findings.

MEDICAL REVIEW:

1.  The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this 
case. Documentation reviewed included the applicant’s ABCMR application and 
accompanying documentation, the applicant’s previous ABCMR denial, the military 
electronic medical record (AHLTA), the VA electronic medical record (JLV), the 
electronic Physical Evaluation Board (ePEB), the Medical Electronic Data Care History 
and Readiness Tracking (MEDCHART) application, and the Interactive Personnel 
Electronic Records Management System (iPERMS).  There are no encounters in 
AHLTA.  The ARBA Medical Advisor made the following findings and recommendations:  

2.  His pre-entrance Report on Medical History and Report of Physical Examination 
completed in February 2004 show he had no significant past medical history or medical 
conditions.  His VA benefits letter shows he has been service connected for “ulnar 
negative variant with degenerative arthritis, right wrist.”

3.  There are no contemporaneous clinical notes in the supporting documentation.  A 
chiropractic clinical note from June 2017 discusses the applicant’s history of this 
condition based on discussions with the applicant and review of contemporaneous 
documents which are not in his supporting documentation.  He states that he first saw 
the applicant in 2008 for many musculoskeletal complaints, including bilateral "on & off” 
hand pain with occasional weakness.  “…during his 2nd assessment evaluation he was 
unable to support his body weight due to pain in the right wrist.  It was at this time he 
was sent to the infirmary and was evaluated by M., MD.  In reviewing the military 
records (provided by Mr. {Applicant}) dated March 31, 2004, there was an examination 
performed by M., MD.  Dr. M's examination notations include that {Applicant}, a 25-year-
old U.S. Army soldier, was complaining of pain during increased activity during his 
training as a Heavy Wheel Mechanic (63S). He observed a marked decreased right 
wrist ROM as compared to the left which ranged from a decrease of 15 degrees to as 
much as 25 degrees.  X-rays were performed and revealed marked negative ulnar 
deviation, a malformation that can lead to Kienbock’s disease.  His diagnosis was wrist 
pain due to congenital bony malformation.  Furthermore, he recommended that Mr. 
Bankston be separated from the U.S Army.”  He goes on to state that the applicant’s 
“ongoing symptomatology which most certainly is a direct result of the injury received in 
Army basic training while undergoing his 1st assessment on March 31, 2004.”  

4.  The applicant was seen four years after discharge for “bilateral "on & off” hand pain 
with occasional weakness.”  This would not be a common presentation for negative 
ulnar variance and is certainly not consistent with his finding of ongoing 
symptomatology or as army regulations call it “permanent service aggravation.”  In fact, 
he was diagnosed with and underwent surgery in 2016 for bilateral carpal tunnel 
syndrome and bilateral cubital tunnel syndrome (compression or the ulnar nerve at the 
elbow).  The chiropractor states that after these surgeries “His pain has increased 
exponentially and his ranges of motion in the both the wrist and elbow are significantly 
decreased from normal.”

Negative ulnar variance occurs when the articular cartilage covered joint 
service of the distal (far) end of the ulna is below that of the adjacent 
radius.  The condition, found in up to 23% of wrists, may be congenital or 
related to trauma, and it is often associated with prior ligamentous injury 
and wrist instability.  It can result in overloading of the radial portion of 
lunate leading to stress fractures, and is also associated with Kienbock’s 
disease, or osteonecrosis (bone death) of the lunate.  This leads to 
collapse of the lunate and the progressive development of degenerative 
arthritis of the wrist bones.

5.  The applicant was processed for his wrist condition IAW paragraph 5-11a of AR 635-
40:  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 AD or ADT for initial entry training, may be separated. 
Such conditions must be discovered during the first 6 months of AD. Such findings will 
result in an entrance physical standards board. This board, which must be convened 
within the soldier’s first 6 months of AD, takes the place of the notification procedure 
(para 2–2) required for separation under this chapter. 

6.  Entry physical standards boards (EPTSB) are convened IAW paragraph 7-12 of AR 
40-400, Patient Administration.  This process is for enlisted Soldiers who within their 
first 6 months of active service are found to have a preexisting condition which does not 
meet the enlistment standard in chapter 2 of AR 40-501, Standards of Medical Fitness, 
but does meet the chapter 3 retention standard of the same regulation.  The fourth 
criterion for this process is that the preexisting condition was not permanently service 
aggravated.  

7.  The EPSBD results are not with the supporting documentation or in iPERMS.  Given 
his discharge under paragraph 5-11 of AR 635-200, their finding was that the condition 
failed enlistment standards and was not compatible with service.  Paragraph 2-9a(3) of 
AR 40-501, Standards of Medical Fitness (29 August 2003), states that wrist range does 
not meet enlistment standards a total range is less than 60 degrees (extension plus 
flexion) or radial and ulnar deviation combined arc is less than 30 degrees.”  While we 
do not have the measurements themselves, Dr. M had “observed a marked decrease in 
right wrist ROM as compared to the left which ranged from a decrease of 15 degrees to 
as much as 25 degrees.”  

8.  Paragraph 2-37 is applicable as well: “Any condition that in the opinion of the 
examining medical officer will significantly interfere with the successful performance of 
military duty or training (796) may be a cause for rejection for appointment, enlistment, 
and induction.”  Dr. M made this determination when he recommended the applicant be 
discharged.  The applicable chapter 3 retention standard reference is paragraph 3-
12b(3) which requires only  “a total range extension plus flexion of 15 degrees to meet 
medical retention standards”.

9.  Based on the information currently available, it is the opinion of the Agency Medical 
Advisor that neither an upgrade of his discharge nor a referral of his case to the 
Disability Evaluation System is warranted.



BOARD DISCUSSION:

1.  After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.

2.  The applicant requests an upgrade of his characterization of service from 
uncharacterized to honorable”.  The governing regulation provides that a separation will 
be described as an entry-level separation, with service uncharacterized, if the 
separation action is initiated while a Soldier is in entry-level status.  As such, his 
DD Form 214 properly shows his service as uncharacterized.

3.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s 
military service.  It merely means the Soldier has not been in the Army long enough for 
his or her character of service to be rated as honorable or otherwise.  As a result, there 
is no basis for granting the applicant's request.  

4.  The applicant also requested that his DD Form 214 be amended to show the 
narrative reason for his separation as "medical."  The Board agreed with the Medical 
Review that the applicant’s inability to meet procurement standards was caused by a 
preexisting medical condition.  The applicant was discharged properly under authority of 
AR 635-200, Paragraph 5-1 l; separation code of JFW; and narrative reason of “Failed 
Medical/Physical/Procurement Standards” and is not entitled to a medical discharge.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XX	:XX	:XX	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.


		  
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.

REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure 
to timely file within the three-year statute of limitations if the ABCMR determines it would 
be in the interest of justice to do so.  

2.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  

	a.  Paragraph 3-9 provides 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 is 
authorized under the reason for separation and is warranted by the circumstances of 
the case;  

		(2)  Headquarters, Department of the Army, on a case by case basis, 
determined a characterization of service as honorable is clearly warranted by the 
presence of unusual circumstances involving personal conduct and performance of 
duty.  This characterization is authorized when the Soldier is separated by reason of 
selected changes in service obligation, for convenience of the government, and under 
Secretarial plenary authority; or  

		(3)  The Soldier has less than 181 days of continuous active military 
service, has completed initial entry training, has been awarded a military occupational 
specialty, and has reported for duty at a follow-on unit of assignment.   

	b.  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 entrance on active duty, active duty 
for training, or initial entry training may 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 Standards of Medical Fitness).  A Soldier being separated under this 
provision will be awarded a character of service of uncharacterized if in an entry-level 
status. 

	c.  Entry-level status is defined as the first 180 days of continuous active service for 
Regular Army Soldiers.

3.  Title 38 U.S. Cose, section 1110 (General - Basic Entitlement) states that for 
disability resulting from personal injury suffered or disease contracted in line of duty, or 
for aggravation of a preexisting injury suffered or disease contracted in line of duty, in 
the active military, naval, or air service, during a period of war, the United States will pay 
to any veteran thus disabled and who was discharged or released under conditions 
other than dishonorable from the period of service in which said injury or disease was 
incurred, or preexisting injury or disease was aggravated, compensation as provided in 
this subchapter, but no compensation shall be paid if the disability is a result of the 
veteran's own willful misconduct or abuse of alcohol or drugs.

4.  Title 38, U.S. Code, section 1131 (Peacetime Disability Compensation - Basic 
Entitlement) states that for disability resulting from personal injury suffered or disease 
contracted in line of duty, or for aggravation of a preexisting injury suffered or disease 
contracted in line of duty, in the active military, naval, or air service, during other than a 
period of war, the United States will pay to any veteran thus disabled and who was 
discharged or released under conditions other than dishonorable from the period of 
service in which said injury or disease was incurred, or preexisting injury or disease was 
aggravated, compensation as provided in this subchapter, but no compensation shall be 
paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol 
or drugs.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200000073


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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