ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 May 2019 DOCKET NUMBER: AR20160018814 APPLICANT REQUESTS: correction of item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was discharged due to disability instead of failure to meet procurement medical fitness standards. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 214 * DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states the reason for separation was because he was injured in basic training (back injury), and he was discharged due to this injury. He only failed the procurement medical fitness standards due to this injury. 3. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 29 May 1980. He was assigned to Fort Jackson, SC for one station unit training. b. The complete facts and circumstances surrounding his discharge are not available for review with this case. However, his DD Form 214 shows he was discharged on 26 June 1980 under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Separations), paragraph 5-7, by reason of failing to meet procurement medical fitness standards. c. His DD Form 214 shows he completed 28 days of creditable active service. This form also shows in: a. * item 24 (Character of Service) – Honorable * item 26 (Separation Code) – JFT * item 28 (Narrative Reason for Separation) - Failure to Meet procurement Medical Fitness Standards 4. The Army Review Boards Agency senior medical advisor reviewed his case to determine if an alleged medical condition(s) warranted separation through medical channels or if there was any medical condition(s) not considered during medical separation processing. The medical advisor rendered an advisory opinion on 3 October 2017 that stated: a The applicant did not meet medical accession standards for back pain in accordance with (IAW) chapter 2, AR 40-501 (Standards of Medical Fitness), and following the provisions set forth in AR 635-40 that were applicable to the applicant's era of service. The applicant was discharged for failure to meet procurement medical standards IAW AR 40-501. The available record is void of service treatment records signed/sent to the Veteran's Administration (VA) in 1986. b. His VA records through the JLV (Joint Legacy Viewer) with 31 VA listed problems noted including low back pain, alcohol induced mood disorder, insomnia due to other mental disorder, alcohol dependence, cocaine dependence, hearing loss, hyperlipidemia, pes planus, tinea pedis, various skin/foot issues and others. A total of 1697 documents were noted in the VA files. The applicant is not VA service-connected at this time c. His medical conditions were duly considered during medical separation processing. A review of the available documentation found no evidence of a medical disability or condition that would support a change to the character and/or reason for the discharge in this case. If the complete official service treatment records (STR) become available in the near future, from the VA or elsewhere, the medical advisory may review and amend this medical advisory if indicated. 5. The applicant was provided with a copy of this advisory opinion on 4 October 2017 to give him an opportunity to submit a rebuttal. He did not respond. 6. By regulation (AR 635-200), Soldiers who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment will be separated when medical proceedings, regardless of the date completed, establishes that a medical condition was identified by appropriate military medical authority within 4 months of the member's initial entrance on active duty or active duty for training under the Reserve Enlistment Program of 1963 which 1. * Would have permanently disqualified him for entry into the military service had it been detected at that time; and * Does not disqualify him for retention in the military service under the provisions of chapter 3, AR 40-501 7. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, set forth policies, responsibilities, and procedures that govern the evaluation for physical fitness of Soldiers who could be unfit to perform their military duties because of physical disability. 8. AR 40-501 (Standards of Medical Fitness), in effect at the time, provided medical retention standards and was used by MEBs to determine which medical conditions would be referred to a physical evaluation board (PEB). Chapter 3 identified various medical conditions and provided the standards by which a determination could be made as to passing or failing retention standards. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions, medical concerns, and the medical advisory opinion were carefully considered. The reason for his separation was the inability to meet procurement standards. The medical advisory official recommended disapproval of his request for a medical discharge as there is no record of a boardable condition during his 28 days of service. He was provided the opportunity to rebut the advisory; however, he did not respond. Based upon the preponderance of evidence, the Board agreed there was no error or injustice, and his reason for separation was warranted. 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: ror or insufficient X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-200 sets forth the basic authority for separation of enlisted personnel. a. Paragraph 5-7 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment will be separated when medical proceedings, regardless of the date completed, establishes that a medical condition was identified by appropriate military medical authority within 4 months of the member's initial entrance on active duty or active duty for training under the Reserve Enlistment Program of 1963 which(1) Would have permanently disqualified him for entry into the military service had it been detected at that time; and (2) Does not disqualify him for retention in the military service under the provisions of chapter 3, AR 40-501. b. A medical proceeding conducted by an Entrance Physical Standards Board, 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 the military service had it been detected at the time of enlistment, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of AR 40-501, chapter 3. a. c. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized (entry-level status) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to initiation of the separation action. 3. AR 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code JFT is the correct code for Soldiers separating under the provisions of AR 635-200, paragraph 5-7 due to failing procurement medical standards. 4. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Disability Evaluation System (DES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. It provides for medical evaluation boards, which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status. A decision is made as to the Soldier's medical qualifications for retention based on the criteria prescribed in AR 40-501, which governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement. 5. AR 40-501 (Standards of Medical Fitness), in effect at the time, provided medical retention standards and was used by MEBs to determine which medical conditions would be referred to a physical evaluation board (PEB). Chapter 3 identified various medical conditions and provided the standards by which a determination could be made as to passing or failing retention standards. //NOTHING FOLLOWS//