IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150010211 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: 5 May 2016 DOCKET NUMBER: AR20150010211 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: 5 May 2016 DOCKET NUMBER: AR20150010211 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 records to show he was honorably discharged. 2. The applicant states he was not allowed to finish basic training, he was forced out of the U.S. Army, and his discharge should be changed because his back and neck were affected during basic training. His way of life has been affected, he cannot keep a job because of his back and shoulder conditions, and he has had to take jobs that don't pay enough for him to pay his bills. He states his first wife passed away and his second wife divorced him because of his attitude and not being able to adapt to people. He adds that an honorable discharge will allow him to receive Department of the Veterans Affairs (VA) benefits. 3. The applicant provides copies of the following documents: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) with enclosures * VA claims * three character reference letters * judgment of divorce 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 Standard Form (SF) 93 (Report of Medical History), completed by the applicant on 18 December 1985 as part of his entrance physical examination, shows in item 18 (Have you had, or have you been advised to have, any operations?), the entry "Advise[d] on a[n] operation on my back if it was giving me problems." It also shows the examining physician noted, "bruised back (? strain) from accident – age 15 – no problem now." 3. The applicant enlisted in the U.S. Army Reserve (USAR) on 31 December 1985 for a period of 8 years. He was ordered to active duty for training (ADT) on 9 January 1986. 4. A DA Form 3349 (Physical Profile Board Proceedings), dated 4 February 1986, shows a physician issued the applicant a temporary physical profile based on symptomatic scoliosis, existed prior to service (EPTS), pending completion of a medical board. 5. A review of the applicant's military personnel records failed to reveal a copy of the EPSBD Proceedings. 6. Headquarters, U.S. Army Training Center, Fort Dix, NJ, Orders 052-57, dated 21 February 1986, released the applicant from ADT, on 24 February 1986, based on entry level separation and discharged him from the USAR. 7. The applicant's DD Form 214 shows he was discharged from the USAR on 24 February 1986. He had completed 1 month and 16 days of net active service this period. It also shows in: * item 24 (Character of Service): "Uncharacterized" * item 25 (Separation Authority): Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11 * item 26 (Separation Code): "JFT" (Did Not Meet Procurement Medical Fitness Standards) * item 28 (Narrative Reason for Separation): "Did Not Meet Procurement Medical Fitness Standards – No Disability" * item 21a (Signature of Member Being Separated), the applicant signed the document 8. In support of his application the applicant provides the following documents. a. A DA Form 4707, dated 10 February 1986, that shows in the "Findings by the Evaluating Physicians" section, in pertinent part: * Chief Complaint: Back pain * History of Present Illness: "18-year old Army Reserve basic trainee for three weeks complaining about back pain. He has had back pain with normal duty activities. He did not hurt himself in the military. He states that he was not very active in civilian life and never knew of his scoliosis. He does not want to continue with this type of problem in the Service." * Diagnosis: "Symptomatic scoliosis. Line of Duty: EPTS" (1) The board recommended the applicant be separated for failure to meet medical procurement standards. The medical authority approved the findings of the board on 10 February 1986. (2) On 13 February 1986, the applicant was counseled by his commanding officer on options regarding the board's recommendation for separation. He concurred with the recommendation and requested discharge without delay. The unit commander recommended the applicant be discharged from the Army. (3) On 19 February 1986, the discharge authority approved the applicant's separation action. b. VA claims for compensation based on service connected, lower back and right shoulder conditions. On 1 July 1987, he was informed the VA cannot grant his claim for disability benefits because the evidence does not establish service connection for symptomatic scoliosis with elevated right scapula and right posterior ribs (EPTS) and low back pain (EPTS). c. Three character reference letters from: * Robert J___, Pastor, Klondike Baptist Church, dated 9 March 2015. The pastor states that he has known the applicant most of his life and he is a member and a Deacon of the church. He attests to the applicant's integrity and dedication to family. * Braynard A. C____, General Manager/Funeral Director/Mortician, Bell-Lee's Funeral Home, dated 4 March 2015. He states that he has witnessed the applicant serve in several professional capacities in both the automotive repair and customer care sectors. He adds that the applicant was chosen by his pastor to serve as a Deacon in the church. He attests to the applicant's morals and values, and his passion to mentor youth in choosing career paths. * Angelia D. F___ who has known the applicant for some time as a co-worker in the Montgomery Job Corps Center where the applicant has been employed since January 2015. She states he is reliable, thorough, and detail-oriented in his work. She attests to his good-nature and positive personal characteristics. d. Domestic Relations Division, In the Circuit Court of Montgomery County, Alabama, Judgment of Divorce, that shows Tamaya K___ and the applicant were granted a divorce on 2 March 2015. 9. In the processing of this case, an advisory opinion was obtained from the Clinical Psychologist and the President of the Medical Board, Blanchfield Army Community Hospital, Fort Campbell, KY. a. The advisory officials noted that the applicant's entrance physical documents a bruised back from an accident at the age of 15 and that he was advised to have an operation on his back if it was giving him problems. The entrance physical supports the EPTS determination. b. On 28 January 1986, a radiologic evaluation revealed scoliosis of the thoracic and lumbar spine. The applicant's shoulders were also examined radiologically and were normal bilaterally according to the official report. c. On 10 February 1986, an EPSBD was conducted based on a chief complaint of back pain and the applicant's complaints of back/shoulder pain. There were no mental health issues. The board found that the applicant did not hurt himself in the military. The final diagnosis was "symptomatic scoliosis" with a line of duty determination stating the condition EPTS. He was found to be unfit for enlistment according to AR 40-501 (Standards of Medical Fitness), chapter 2 (Physical Standards for Enlistment, Induction, and Appointment). d. The advisory opinion concludes that the EPSBD properly decided the applicant's case in February of 1986 and that he was appropriately separated under the provisions of (UP) AR 635-200, paragraph 5-11. 10. On 12 January 2016, the applicant was provided a copy of the advisory opinion to allow him the opportunity (30 days) to submit comments or a rebuttal. The applicant failed to provide a response. REFERENCES: AR 635-200, in effect at the time, 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 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, provides, in part, the 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 because his back and neck were affected during basic training, he was forced out of the U.S. Army, and an upgrade of his discharge will allow him to receive veterans' benefits. 2. The evidence of record shows that during his enlistment entrance processing, the applicant acknowledged having had a bruised back from an accident at the age of 15. a. Shortly after entering ADT, the applicant complained of back pain. He was diagnosed with a medical condition that EPTS. b. There is no evidence of record that shows he hurt himself during his military service. 3. An EPSBD was convened one month after the applicant entered ADT 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. 5. The ABCMR does not grant requests for upgrade/change of discharges for the purpose of making the applicant eligible for veterans' benefits. Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge. Additionally, the granting of veterans' benefits is not within the purview of the ABCMR. Any questions regarding eligibility for such benefits should be addressed to the VA or other appropriate government agency. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010211 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010211 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2