BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20160014450 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: 22 December 2016 DOCKET NUMBER: AR20160014450 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: 22 December 2016 DOCKET NUMBER: AR20160014450 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 reflect his character of service as honorable in lieu of uncharacterized. 2. The applicant states: a. He was given a physical examination upon enlistment in the Army. He noted on his enlistment documents that he had right shoulder surgery in 2003 and was given a medical waiver to begin basic combat training. b. His right shoulder popped out of the socket in the second week of the 10-week course. He was placed on limited duty and then discharged because of this reoccurring condition. His DD Form 214 shows his service is uncharacterized. He has an Army disability rating of 20-percent and recently underwent right shoulder surgery again through the Department of Veterans Affairs. 3. The applicant provides: * pages 2-4 of DD Form 2807-2 (Medical Prescreen of Medical History Report), dated 22 March 2008 * page 3 of DD Form 2808 (Report of Medical Examination), dated 27 March 2008 * Clinical Record, dated 27 March 2008 * Standard Form 600 (Chronological Record of Medical Care), dated 25 April 2008 * DD Form 214 * letter from the Office of Veterans Advocacy, Pocatello, ID, dated 19 July 2016 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 enlisted in the Regular Army on 2 April 2008. 3. A Medical Prescreen of Medical History Report shows he wore contact lenses, sprained his back on 15 March 2007, underwent right ankle surgery on 30 June 2005, and underwent right shoulder surgery on 26 February 2004. 4. His Report of Medical Examination, dated 27 March 2008, shows his physical profile rating as "111131" under the factors P-physical capacity/stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric. The physical profile rating of "3" under E-eyes was assigned for a refractive error in his eyes, which was deemed disqualifying for service. 5. A Clinical Record, dated 27 March 2008, shows a request for medical waiver for the disqualifying medical condition pertaining to his eyes was reviewed and approved by the U.S. Army Recruiting Command Surgeon. His PULHES rating was altered to "111121" after waiver approval. 6. A Chronological Record of Medical Care shows he had a follow-up appointment at the Reynolds Army Community Hospital Physical Therapy Clinic on 25 April 2008 for right shoulder pain. The notes state his initial evaluation was on 15 April 2008 and he reported no improvement in symptoms despite taking pain medication and having a physical profile. He reported participating in the team building course and dislocating his shoulder at the time. He was able to reduce his shoulder himself and reported being able to dislocate/reduce his shoulder at will. Two weeks prior to that episode, he reported being in the up position of the push-up exercise when his right shoulder gave way and he collapsed. He reported having reconstructive surgery of his right shoulder at the age of 14 due to recurrent dislocation. Magnetic resonance imaging results from 15 April 2008 were negative for pathology. He was unable to participate in training as a result of his right shoulder pain and was recommended for separation for a condition that existed prior to service, as he was unable to complete training due to a prior existing condition. 7. His records contain a DA Form 4707 (Entrance Physical Standards Board Proceedings), dated 29 April 2008. The form repeats the medical history contained in the above referenced medical documents. It shows he was diagnosed with right shoulder instability and found to not meet medical fitness standards for enlistment or induction. His condition was found to have existed prior to service and was aggravated by service. He was issued a permanent physical profile rating of "3" for his upper extremities. 8. His discharge packet is not available for review. His DD Form 214 shows he was discharged on 16 May 2008 due to failed medical/physical procurement standards per Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11. He completed 1 month and 15 days of active duty. His service was uncharacterized. 9. On 14 July 2009, he applied to the Army Discharge Review Board, requesting a change to his narrative reason for discharge to reflect discharge for physical disability incurred while in service and requesting characterization of his service as honorable. After careful review of his application, military records, and all other available evidence, the board determined he was properly and equitably discharged and denied his request. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-1 states unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status. b. 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 or active duty for training for initial entry training may be separated. Such conditions must be discovered during the first 6 months of active duty. For character of service, paragraph 5-1 should be adhered to. c. Glossary, Section II, Terms, defines entry-level status for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. 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 ABCMR. 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 requests correction of his DD Form 214 to reflect his character of service as honorable in lieu of uncharacterized. 2. Although his complete discharge packet is not available for review, there are multiple medical documents showing his right shoulder injury existed prior to service, was surgically repaired prior to service, and was discovered within the first month of active duty to have been exacerbated by service. 3. Entrance Physical Standards Board Proceedings, dated 29 April 2008, show he was diagnosed with right shoulder instability and found to not meet medical fitness standards for enlistment or induction. His condition was found to have existed prior to service and was aggravated by service. He was issued a permanent physical profile rating of "3" for his upper extremities. 4. There is no indication his discharge was not accomplished in compliance with applicable regulations or that there were procedural errors which would have jeopardized his rights. It is presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. 5. He was separated for failure to meet procurement medical fitness standards as outlined in paragraph 5-11 of Army Regulation 635-200. As he met the definition of entry-level service at the time of his discharge and regulatory guidance calls for the uncharacterized service of Soldiers in an entry-level status separated under the provisions of paragraph 5-11, it is appropriate that his service was uncharacterized. 6. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier did not serve on active duty long enough for his or her service to be characterized. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014450 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014450 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2