ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 March 2019 DOCKET NUMBER: AR20160015772 APPLICANT REQUESTS: his uncharacterized discharge be change to medical separation under honorable conditions. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Medical Documents * Excerpt of Army Regulation 635-200 (Active Duty Enlisted Adminstrative Separations) * Personal Statement FACTS: 1. The applicant states: a. He injured himself during basic training. His injuries included his neck and all the way down to his back. He was sent home before being treated. His discharge should reflect he was separated honorably due to medical reasons and he should receive care from the Department of Veterans Affairs until his neck injury is resolved. b. When he went to enlist he disclosed all of his injuries including his left knee patellar dislocation. He was told he needed a waiver for enlistment. Six months later he received a waiver for enlistment. He attended every physical training event offered. At that time he had no pain in his neck or back. When he arrived at Fort Leonard Wood, MO, he started to experience pain in his neck and numbness in his hand and toes. He believed the pain was due to new boots, however the pain got worse. He did not want anything to interfere with his military career, so he pushed through. He eventually decided he needed to get medical attention. c. After looking at his medical record, the attending physician told him his knee injury was causing his pain. He questioned how his knee injury was causing his pain because his original knee injury occurred three years prior and he had not had this pain before. He was not given a straight answer. He was told he was like a toy GI Joe Soldier in box when he came into the Army. If they opened the box and he was in good shape he would be trained; however, of he had dents or scratches, he would be sent back to the factory. He personally took offense at the analogy, but said nothing. d. He was placed on a profile and the discharge process was started. He was told he would receive a general discharge without benefits. His Drill Sergeant was aware of his profile status and required him to do wall sit exercises and pushups. During the pushups, his left arm collapsed and he dropped to the ground. He was then sent to the return home unit. He stayed there for 11 days waiting to be sent home. e. He got home he went to the Disable American Veterans (DAV) to make someone aware of what happened to him. He contacted his recruiter and told him what happened. The recruiter said what happened to him was wrong and he was right to take his case to the DAV. He’s requesting medical care to determine what actually happened to him and what can be done about it. 2. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 19 July 2016, shows: a. An EPSBD found the applicant medically unfit for appointment of enlistment in accordance with current medical fitness standards; in the opinion of the evaluating physician the condition existed prior to service. It was recommended the applicant be expeditiously separated from active duty in accordance with Army Regulation 635-200, chapter 5-11(Separation of personnel who did not meet procurement medical fitness standards) and Army Regulation 40-501 (Standards of Medical Fitness), chapter 2-11b, Code B. The EPSBD also noted the condition was detected at the time of enlistment; however, the applicant was unable to perform training to standard. b. The applicant was informed of the medical findings. He acknowledged he understood that legal advice from an attorney employed by the Army was available to him or that he could consult civilian counsel at his own expense. He also acknowledged he understood that he could request to be discharged without delay or to request retention on active duty. If retained, he could be involuntarily reclassified into another military occupational specialty based upon his medical condition. On 9 August 2016, he concurred with the proceedings and requested to be discharged from the U.S. Army without delay. c. The applicant's immediate commander recommended his separation from the Army and the separation approving authority directed his discharge from the U.S. Army. 3. The applicant was discharged on 27 June 2016, under the provisions of Army Regulation 635-200, paragraph 5-11. His DD Form 214 shows he was credited with completing 1 month and 20 days of active duty service and his service was uncharacterized. 4. On 1 November 2018, the ABCMR obtained an advisory opinion from a Senior Medical Advisor with Army Review Boards Agency (ARBA), who states, in part the applicant did not meet medical accession standards for EPTS disclosed left knee condition (medical waiver granted) in accordance with Army Regulation 40-501, and following the provisions set forth in AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) that were applicable to the applicant’s era of service. The applicant also met medical retention standards for neck pain, shoulder pain, back pain, leg pain, upper respiratory symptoms, blood in stool (reported), dental condition (class 2), EPTS wrist injury, EPTS pyloric stenosis, and other physical, medical, dental and/or behavioral conditions. A copy of the complete medical advisory was provided to the Board for their review and consideration. 5. On 4 October 2018, the applicant was provided a copy of the Advisory Opinion. He did not respond. 6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-9 provides that a separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry-level status, except when: The Soldier has less than 181 days of continuous active military service, has completed initial entry training, has been awarded a military occupational specialty, and has reported for duty at a follow-on unit of assignment. Entry-level status is defined as the first 180 days of continuous active service for Regular Army Soldiers b. 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 entrance on active duty, active duty for training, or initial entry training may be separated. 7. Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES). It sets forth policies, responsibilities and procedures that apply in determining whether a Soldier is unfit because of physical disability. 8. Army Regulation 40-501 governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement. Once a determination of physical unfitness is made, the PEB rates all disabilities. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions, medical concerns, and the medical advisory opinion were carefully considered. Based upon the preponderance of evidence, the Board agreed the applicant’s medical concerns were duly considered during his time of service, and the discharge characterization was warranted. 2. An uncharacterized discharge is not derogatory; it is recorded when a Soldier has not completed more than 180 days of creditable continuous active duty prior to initiation of separation. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :x :x :x DENY APPLICATION 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-9 provides that a separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry- level status, except when: (1) An under other than honorable conditions characterization is authorized under the reason for separation and is warranted by the circumstances of the case; (2) Headquarters, Department of the Army, on a case by case basis, determined a characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority; or (3) The Soldier has less than 181 days of continuous active military service, has completed initial entry training, has been awarded a military occupational specialty, and has reported for duty at a follow-on unit of assignment. b. 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 entrance on active duty, active duty for training, or initial entry training may be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into military service had it been detected at that time, and the medical condition did not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501. A Soldier being separated under this provision will be awarded a character of service of uncharacterized if in an entry-level status. c. Entry-level status is defined as the first 180 days of continuous active service for Regular Army Soldiers. 2. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES). It sets forth policies, responsibilities and procedures that apply in determining whether a Soldier is unfit because of physical disability. Paragraph 3-3 of the version in effect at the time 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 have started before the individual entered military service. An example of these conditions include a manifestation of 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) which will be accepted as proof that the disease existed prior to entrance into active military service. Paragraph 4-10 states that if a medical evaluation board determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a physical evaluation board (PEB). 3. Army Regulation 40-501 governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement. Once a determination of physical unfitness is made, the PEB rates all disabilities. The VA Schedule for Rating Disabilities is used by the Army and the VA as part of the process of adjudicating disability claims. It is a guide for evaluating the severity of disabilities resulting from all types of diseases and injuries encountered as a result of, or incident to, military service. This degree of severity is expressed as a percentage rating which determines the amount of monthly compensation. //NOTHING FOLLOWS//