ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 9 January 2020 DOCKET NUMBER: AR20170014031 APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was separated because of physical disability and to show the character of her service as honorable instead of uncharacterized. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 (ABCMR) 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 her disabilities were formally diagnosed by a medical professional. In addition, the character of her service should be changed to reflect that she served honorably instead of showing uncharacterized as the only reason she was not allowed to remain on active duty was because a medical doctor and a physical therapist concurred that her condition prevented her from performing her duties. Her DD Form 214 shows Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) paragraph 5-17 as the separation authority. This references a medical condition and if this was not the case, the Army could not properly relied on this authority to separate her from active duty. Finally, this prevents her from receiving Department of Veterans Affairs medical benefits and compensation. 3. The applicant enlisted in the Regular Army on 17 February 2011. Her Enlisted Record Brief shows her basic combat training (BCT) started on or around 19 February 2011. 4. On 11 April 2011, a Department of the Army physical therapist provided a memorandum recommending the applicant's separation from the service under the provisions of Army Regulation 635-200, paragraph 5-17. The memorandum states: a. The applicant has been under the care of the physical therapy clinic for pain in both of her heels. She started having this pain while only in her first week of BCT. Around the early part of her third week of BCT, she had x-rays which revealed early stress fractures to both heels. This finding is a result of the impact stresses from normal physical activities required in training (marching, running, and jumping). After returning from 30 days convalescent leave, her x-rays revealed good healing, however she is not 100 percent healed. This injury will heal 100 percent with time, rest and abstaining from high impact activities for approximately four more weeks and will not require any continued medical care. b. Because this injury is a factor of overuse and lack of overall physical conditioning, the physical therapist felt that separation from the military was in the applicant's best interest at the time. She needed to develop improved tolerance for impact related activity through a prolonged program of weight training and gradual walk- to-run program of at least six months in length. She was not a candidate for a Physical Training and Rehabilitation Program, meet the criteria for a condition that existed prior to service, and the Soldier did not meet criteria for a medical board. 5. On 6 May 2011, the applicant was counseled by her company commander regarding the physical therapist's recommendation for separation due to her injuries. The commander stated he concurred with the recommendation and that he felt it was in the best interest of the applicant and the Army that she be given the opportunity to rehabilitate. The commander also stated they tried to rehabilitate her by giving her 30 days of convalescent leave, but the physical therapist stated she had not healed enough and that she was still medically unfit to train. The commander also encourage the applicant to come back into the Army after healing. 6. On 9 May 2011, the applicant's commander notified her that he was initiating action to separate her from the Army under the provisions of Army Regulation 635-200, paragraph 5-17, for other designated physical or mental conditions. The commander stated the reason for the proposed separation action was the applicant's inability to complete BCT due to stress fractures in her heels and the time required for healing. 7. On 9 May 2011, the applicant acknowledged receipt of the proposed separation action. She also acknowledged she was advised of the basis for the contemplated separation action and of the rights available to her. She waived consulting with legal counsel and elected not to submit a statement in her own behalf. 8. On 10 May 2011, the separation authority approved the separation action with an entry level separation and an "uncharacterized" discharge. 9. The applicant's DD Form 214 shows she was discharged on 11 May 2011 under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of "condition, not a disability" with a character of service of uncharacterized. It further shows she completed 2 months and 25 days of active service. 10. The Army Discharge Review Board denied the applicant's request for a change of the character of her service and narrative reason for separation on 12 October 2016. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, and regulatory requirements. The Board noted during her BCT, the applicant was not sufficiently physically conditioned to complete BCT nor would they be able to provide therapy to bring her to that level of condition. (See Facts paragraph 4 above.) The medical authority also stated that her condition did not qualify for a Medical Evaluation Board (MEB) which would be the path for disability separation. A disability separation can only be authorized through an MEB that is referred to a Physical Evaluation Board (PEB) which would determine if there is a disability warranting disability separation. The applicant was properly separated under Army Regulation 635-200, paragraph 5-17, by reason of "Condition, not a Disability.” 2. In accordance with Army regulation, during the first 180 days of active duty, Soldiers are in an entry-level status. The character of discharge during this period is properly “uncharacterized.” There is no error or injustice in the applicant’s record concerning her characterization of discharge. 3. Based on a preponderance of evidence, the Board determined that there was no error or injustice in the applicant’s discharge or character of service, and found that relief is not 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: 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. 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 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 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 5-17, states that commanders who are special court-martial convening authorities may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty. A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition. c. Entry-level status is defined as the first 180 days of continuous active service for Regular Army Soldiers. 3. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) sets forth policies, responsibilities, and procedures in determining whether a Soldier was unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. Paragraph 3-1 (Standards of unfitness because of physical disability) provides that the mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170014031 5 1