I BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160006295 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 10 April 2018 DOCKET NUMBER: AR20160006295 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was honorably discharged based on physical disability. 2. The applicant states, in effect, that his DD Form 214 shows he was discharged with an "uncharacterized" character of service and he "did not meet procurement medical fitness standards – no disability." 3. The applicant provides copies of his – * DA Form 3349 (Physical Profile Board Proceedings) * DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings * DD Form 214 * NGB Form 22 (Report of Separation and Record of Service) 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 military service records are not available to the Board for review. 3. In support of his application the applicant provides the following documents: a. A DA Form 3349, dated 24 February 1986, that shows a physician issued the applicant a temporary profile (for chronic chest wall pain) pending completion of a medical board. b. The front side of a DA Form 4707, dated 5 March 1986, that shows an EPSBD considered the applicant's medical records, laboratory findings, and medical examination. (1) It shows in "History of Present Illness: The patient complains of acute sternal and left sternochondral chest wall pain on PT [physical training]. On examination of his chest, there is a mild pectus deformity, but no other identifiable pathology. He claims to have had this discomfort prior to entering the Service when doing heavy lifting and exercising." (2) The EPSBD also shows – * Diagnosis: Musculoskeletal deformity, left chest * Line of Duty: Existed Prior To Service (EPTS) * the applicant was medically cleared for separation * the medical authority approved the EPSBD proceedings on 5 March 1986 c. A DD Form 214 that shows the applicant entered active duty for training (ADT) as a member of the Army National Guard (ARNG) on 23 January 1986 and he was discharged on 17 March 1986. He completed 1 month and 25 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 – No Disability) * 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 d. An NGB Form 22 that shows the applicant enlisted in the ARNG of the United States (ARNGUS) and the Pennsylvania ARNG (PAARNG) on 8 January 1986 and he was honorably discharged on 17 March 1986. He had completed 2 months and 9 days of net service during this period. REFERENCES: 1. 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 U.S. Army Reserve or ARNGUS and, for Soldiers ordered to ADT for one continuous period, it terminates 180 days after beginning training. 2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR 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. DISCUSSION: 1. The applicant contends that his records should be corrected to show he was honorably discharged based on physical disability. 2. The evidence of record shows the applicant enlisted in the ARNGUS and in the PAARNG on 8 January 1986. He entered ADT on 23 January 1986. a. One month after entering ADT he was issued a temporary profile for chronic chest wall pain. b. An EPSBD was convened approximately six weeks after the applicant entered ADT. (1) The applicant acknowledged having had discomfort in his chest when doing heavy lifting and exercising prior to entering the Service. (2) He was diagnosed with musculoskeletal deformity, left chest (EPTS). (3) The EPSBD proceedings were approved and the applicant was discharged on 17 March 1986 because he did not meet procurement medical fitness standards (not a disability). 3. The evidence of record shows the applicant was discharged prior to completing 180 days of active service. The regulatory guidance states that an entry-level status Soldier's separation will be "uncharacterized." 4. It is noted that the applicant was issued an NGB Form 22 that shows he was honorably discharged from the PAARNG. However, that characterization of his service falls under the purview of the ARNG and it is not dispositive on the applicant's uncharacterized separation from ADT issued by the U.S. Army. BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160006295 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006295 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006295 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2