IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20150014125 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 January 2017 DOCKET NUMBER: AR20150014125 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 January 2017 DOCKET NUMBER: AR20150014125 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 narrative reason for separation to show he was separated due to a service-connected injury/disability. 2. The applicant states his DD Form 214 (Certificate of Release or Discharge from active Duty) does not show he has a service-connected disability. It was due to an injury that he was discharged. He needs the narrative reason changed because he met procurement medical fitness standards. He is in receipt of Department of Veterans Affairs (VA) benefits, but as a result of the current reason for separation he has been denied other benefits. 3. The applicant provides no additional documentation in support of his request. 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's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review. 3. Available record consists of only six documents: * a 14 February 1991 DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings * the company commander's 4 March 1991 recommendation for discharge * a 7 March 1991 battalion commander's concurrence with the discharge recommendation * a 12 March 1991 request for separation for failure to meet procurement standards * an Additional Transition Processing Data sheet * DD Form 214 (Certificate of Release or Discharge from Active Duty) 4. The DA Form 4707 shows the applicant underwent an EPSBD evaluation in his 13th week of training for knee pain. The applicant gave a pre-service history of having undergone an arthroscopy of his knee in October 1985. The examination was essentially normal and he was diagnosed with chondromalacia of the right patella (knee cap). The EPSBD determined the applicant did not meet enlistment medical standards and recommended he be separated. The condition was found to have existed prior to service and not to have been aggravated by service. 5. The applicant was honorably discharged on 18 March 1991. His DD Form 214 shows: * discharge in pay grade E-4 * active duty service from 4 October 1990 through 18 March 1991 * 5 months and 15 days of creditable service * Separation Authority – Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5–11 * Narrative Reason for Separation – did not meet procurement medical fitness standards – no disability 6. On 27 May 2016, the Case Management Division, Army Review Boards Agency, requested the applicant provide copies of his Army medical records and/or any other documentation to support his request. He did not respond. REFERENCES: 1. Army Regulation 635-200, paragraph 5-11, as then in effect, stated 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 would be separated. Medical proceedings, regardless of the date completed, must have established that a medical condition was identified by appropriate military medical authority within 6 months of the Soldier’s initial entrance on active duty, which would have temporarily or permanently disqualified him or her for entry into the military service or entry on active duty had it been detected at that time. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR is not an investigative body and it will decide cases based on the evidence of record. DISCUSSION: 1. There is no documentary evidence indicating error in the EPSBD's determination that the applicant did not meet enlistment medical standards due to a knee condition that was found to have existed prior to service and not to have been aggravated by service. 2. Because he was found not to have met procurement medical fitness standards within 6 months of his entrance on active duty, he was discharged. His discharge was not based on a service-connected or service-aggravated condition. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014125 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014125 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2