ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  
	BOARD DATE:  3 July 2019  

	DOCKET NUMBER:  AR20170014311


APPLICANT REQUESTS: a correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show (item 28) narrative reason for separation as 
disability.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
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 that (item 28 narrative reason for separation), on his DD Form 
214 to be corrected to show disability.  He believes the record to be in error or unjust 
because an appeal led to an evaluation of 40% disability as assigned.

3.  A review of the applicant’s service record shows the following:

	a.  He enlisted in the Regular Army on 10 March 1988.

	b.  DA Form 4707 (Entrance Physical Standards Board (EPSBD Proceedings), 
dated 14 April 1988, shows the applicant was evaluated by the EPSBD.  The board 
concluded that after careful consideration of medical records, laboratory findings, 
medical examination, the board found the applicant medically unfit for appointment or 
enlistment in accordance with current medical fitness standards.  The applicant’s chief 
complaint was low back pain.  The applicant was found by the board to have chronic 
back pain and found that the applicant cannot be expected to be successful in entry 
level military training.  His diagnosis was chronic back pain secondary to grade I 
spondylolisthesis, exited prior to service (EPTS).  The board recommended the 
discharge of the applicant for not meeting entrance standards in accordance with AR 
40-501 (Standards of Medical Fitness), paragraph 2-37k (spine and sacroiliac joints).  
	c.  On 22 April 1988, the medical approving authority approved the findings and 
forwarded the action to the unit commander.  The unit commander informed the 
applicant of the findings and advised him of his option. 

	d.  On 22 April 1988, the applicant acknowledged that he was informed of the 
medical findings. He also acknowledged he understood that legal advice of an attorney 
employed by the Army was available to him and that he could consult with civilian 
counsel at his own expense.  He further acknowledged he understood he could request 
to be discharged from the Army without delay or request retention on active duty.  After 
counseling, the applicant concurred with the proceedings and requested to be 
discharged from the Army without delay.  His immediate commander recommended 
approval.   

	e.  On 26 April 1988, the separation authority approved the applicants discharge 
from the Army based on the findings in DA Form 4707. 

	f.  He was discharged from active duty on 3 May 1988.  His DD Form 214 shows that 
he was discharged under the provision of (Item 25, Separation Authority) 
AR 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, item 28 
narrative reason for separation states that he did not meet procurement medical fitness 
standards-no disability.  Character of Service (Item 24) shows entry level status.  It also 
shows that he completed 1 month, and 24 days of active duty service.

4.  By regulation, AR 635-200, paragraph 5-11 (separation of personnel who did not 
meet procurement medical fitness standards) states that members who were not 
medically qualified under procurement medical fitness standards when accepted 'for 
initial enlistment will be separated.  Medical' proceedings, regardless of the date 
completed, must establish that a medical condition was identified by appropriate military 
medical authority within 4 months of the member’s, initial entrance on AD or ADT which:

*	Would have permanently disqualified him or her for entry into the military 
service had it been detected at that time
*	Does not disqualify him or her for retention in the military service under the 
provisions of AR 40-501, chapter 3.

5.  By regulation, AR 40-501, paragraph 2-37k (spine and sacroiliac joints) states that 
the causes for rejection for appointment, enlistment, and induction area. 

*	Arthritis. (See para 2-lla.) 
*	Complaint of a disease or injury of the spine or sacroiliac joints with or without 
objective signs that has prevented the individual from successfully following a 
physically active vocation in civilian life. Substantiation or documentation of 
the complaint without objective physical findings is required.
*	Deviation or curvature of spine from normal alignment, structure, or function 
(lumbar scoliosis over 20 degrees or dorsal scoliosis over 30 degrees as 
measured by the Cobb method, kyphosis over 55 degrees, or lordosis)

6.  By regulation, Army Regulation (AR) 635-5 (Personnel Separations - Separation 
Documents) 
*	Item 24 (Character of Service) authorized entries are honorable, under 
honorable conditions (general), under other than honorable conditions, bad 
conduct, dishonorable, to be determined 
*	Item 25 (Separation Authority) enter the regulatory or statutory authority cited in 
directives authorizing separation 
*	Item 28 (Narrative Reason for Separation) enter the reason for separation 
(shown in AR 635-5-1) based on the regulatory or statutory authority  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that 
relief was not warranted.  Based upon the facts and circumstances of the separation 
and the regulatory guidance outlined above, the Board concluded that there was no 
error or injustice which would warrant making a change to the applicant’s narrative 
reason for separation.

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 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 (Personnel Separations – Enlisted Personnel), in 
effect at the time, sets forth the basic authority for the separation of enlisted personnel.  
Chapter 5-11 of this regulation states that members who were not medically qualified 
under procurement medical fitness standards when accepted 'for initial enlistment will 
be separated.  Medical' proceedings, regardless of the date completed, must establish 
that a medical condition was identified by appropriate military medical authority within 4 
months of the member’s, initial entrance on AD or ADT which:

•	Would have permanently disqualified him or her for entry into the military 
service had it been detected at that time
•	Does not disqualify him or her for retention in the military service under the 
provisions of AR 40-501, chapter 3.

3.  AR 40-501, paragraph 2-37k (spine and sacroiliac joints) states that the causes for 
rejection for appointment, enlistment, and induction area. 

*	Arthritis
*	Complaint of a disease or injury of the spine or sacroiliac joints with or without 
objective signs that has prevented the individual from successfully following a 
physically active vocation in civilian life. Substantiation or documentation of 
the complaint without objective physical findings is required.
*	Deviation or curvature of spine from normal alignment, structure, or function 
(lumbar scoliosis over 20 degrees or dorsal scoliosis over 30 degrees as 
measured by the Cobb method, kyphosis over 55 degrees, or lordosis)

4.  AR 635-5 (Personnel Separations - Separation Documents) 

*	Item 24 (Character of Service) authorized entries are honorable, under 
honorable conditions (general), under other than honorable conditions, bad 
conduct, dishonorable, to be determined 
*	Item 25 (Separation Authority) enter the regulatory or statutory authority cited in 
directives authorizing separation 
*	Item 28 (Narrative Reason for Separation) enter the reason for separation 
(shown in AR 635-5-1) based on the regulatory or statutory authority  

ABCMR Record of Proceedings (cont)	 AR20170014311
	
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