BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160004277 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: 15 November 2017 DOCKET NUMBER: AR20160004277 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: 15 November 2017 DOCKET NUMBER: AR20160004277 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 an upgrade of his entry-level separation from uncharacterized to honorable. 2. He states he met the induction standards per his medical examination report. He adds the military was aware of his medical condition and he passed the physical requirement to enter the military. He states his duty assignments aggravated his injury. 3. He provides: * Standard Form (SF) 88 (Report of Medical Examination), dated 22 November 1985 * SF Form 93 (Report of Medical History), dated 22 November 1985 * DD Forms 689 (Individual Sick Slip), dated 24 March and 25 March 1986 * DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 25 March 1986 * Orders 67-155, dated 8 April 1986 * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 Report of Medical History, dated 22 November 1985, noted that the applicant had surgery on his right arm in 1976 due to a compound fracture of his right wrist. He had pins and plates placed in his right arm that were removed 6 months later. Additionally, the Report of Medical Examination noted several scars on his right forearm and four or five curved laceration scars of the right elbow. He was qualified for enlistment in the U.S. Army Reserve (USAR). 3. On 22 November 1985, he enlisted in the USAR and he was ordered to initial active duty training on 6 March 1986. 4. On 24 March 1986, the applicant was seen at the medical clinic for an "injury." The "Remarks" block of the sick slip states that the applicant is experiencing severe pain in his right wrist and right shoulder. He was given a restricted profile of no push-ups or lifting over seven pounds until he was cleared by orthopedics, which was scheduled the following morning. 5. An EPSBD Proceedings, dated 25 March 1986, show that after careful consideration of the applicant's medical records, laboratory findings, and medical examination, the board found the applicant was medically unfit for enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the condition existed prior to service. The proceedings further stated: a. Summary of present illness: Inability to supinate forearm – unable to climb using right arm. b. Summary of past medical history: History of right arm caught in farm equipment 10 years ago. Fractured radius requiring open reduction internal fixation and lacerated tendons. c. Current clinical and laboratory findings: Decreased active range of motion to wrist extension, supination. Positive scars to forearm. X-rays positive to old injury. Fracture noted to shaft of radius with increased ossification blocking ability to supinate arm. d. Diagnosis: Residual deformity right forearm – Soldier does not meet induction standards according to paragraph 2-11b, chapter 2, Army Regulation 40-501 (Standards of Medical Fitness). 6. On 4 April 1986, the applicant signed the EPSBD Proceedings block stating, I have been informed of the medical findings. Additionally, I understand that legal advice of an attorney employed by the Army is available to me or that I may consult civilian counsel at my own expense. I also understand that I may request to be discharge from the U.S. Army without delay or to request retention on active duty. If retained, I may be involuntary reclassified into another military occupational specialty based upon my medical condition. Additionally, he initialed the block indicating, "I concur with these proceeding and request to be discharged from the U.S. Army without delay." 7. On 8 April 1986, the separation authority approved the EPSBD Proceedings under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, entry-level separation. The commander stated the applicant would be discharged from the U.S. Army and from his status as a Reservist. 8. On 11 April 1986, he was discharged accordingly. His DD Form 214 shows his character of service as "uncharacterized." Item 25 (Separation Authority) lists Army Regulation 635-200, paragraph 5-11. Additionally, item 28 (Narrative Reason for Separation) states "Did not meet procurement medical fitness standards – no disability." He was credited with completing 1 month and 6 days of total active service with 3 months and 14 days shown as total prior inactive service. REFERENCES: 1. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. It states that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or may have started before the individual entered the military service. Examples are congenital malformations and hereditary conditions or similar conditions in which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusion that they existed prior to military service. Likewise, manifestation of lesions or symptoms of chronic disease from date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) will be accepted as proof that the disease existed prior to entry into active military service. 2. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-11 states 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 may be separated. Such conditions must be discovered during the first 6 months of active duty. Such findings will result in an EPSBD. This board, which must be convened within the Soldier's first 6 months of active duty, takes the place of the notification procedure required for separation under this chapter. (1) Medical proceedings, regardless of the date completed, must establish that a medical condition, which was identified by an appropriate military medical authority within 6 months of the Soldier's initial entry on active duty would have permanently or temporarily disqualified the Soldier for entry into military service had it been detected at that time or the medical condition does not disqualify the Soldier for retention in military service per Army Regulation 40-501, chapter 3. (2) A Soldier who is found not to have been qualified under procurement medical fitness standards at the time of enlistment after entry on active duty may request to be retained on active duty if, after considering the proceedings of an EPSBD, the separation authority determines the Soldier's disqualifying condition will not prevent the Soldier from performing satisfactorily throughout his/her period of enlistment in the military occupational specialty (MOS) for which he/she is being trained or in another MOS based on the Soldier's medical condition and the Soldier, after being counseled and given the opportunity to obtain legal advice, signs a statement requesting to complete the period of service for which enlisted. Soldiers not retained will be processed for separation. b. Paragraph 3-9 (Uncharacterized Separation), states 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. c. The Glossary defines entry-level status as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service. DISCUSSION: 1. The applicant contends, in effect, that he met the standards for entry in the military, but his injury was aggravated during his military service. 2. The evidence of record shows an EPSBD determined his medical condition, residual deformity of right forearm, existed prior to service. The history of his injury revealed, approximately 10 years prior to his enlistment, he caught his right arm in farm equipment. He fractured the radius, requiring open reduction internal fixation surgery with lacerated tendons. The applicant concurred with the board proceedings and requested to be discharged from the U.S. Army without delay. 3. There is no evidence showing the EPSBD findings and recommendations were improper or unjust. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004277 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004277 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2