BOARD DATE:  7 August 2020

DOCKET NUMBER:  AR20180008061


APPLICANT REQUESTS:  The applicant, in effect, requests that his uncharacterized 
service for failure to meet procurement medical fitness standards be corrected to an 
honorable medical discharge.

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), with 
separation date 25 May 1993
*	Certification of DD Form 214 (majority of its contents is illegible)

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 his discharge is incorrect because it should have been an 
honorable discharge for medical reasons.

3.  On 17 March 1993, in connection to his enlistment:

     a.  The applicant completed a SF 93 (Report of Medical History) on which he 
indicated he was in good health and at the time he was not taking any medications.  For 
item 19 (Have you ever been a patient in any type of hospitals?) he marked ?yes.? He 
indicated he had spinal meningitis and was hospitalized.  In item 25, the physician 
elaborated on the applicant?s entries, noting the applicant was hospitalized when he was 
13 years old.  

     b.  He underwent a medical examination and the results were annotated on SF Form 
88 (Report of Medical Examination).  The doctor indicated the areas evaluated during 
his clinical evaluation were normal.  In item 74, the doctor indicated that the applicant 
was overweight and in item 75, recommended that he be evaluated by RBJ (unknown) 
on 28 April 1993.  He determined the applicant was qualified for enlistment.

4.  On 25 May 1993, the applicant enlisted in the Regular Army for a term of 3 years.

5.  On 3 June 1993, he was assigned to his basic training unit at Fort Jackson, SC.  On 
6 July 1993, an Entrance Physical Standards Board (EPSBD) found that the applicant 
was medically unfit for enlistment in accordance with current medical fitness standards 
and the condition(s) existed prior to service (EPTS).  A waiver was not recommended.  

     a.  History of his EPTS condition:  20 year old white male claimed history of right 
knee injuries during high school football (questionable lateral collateral ligament tear).  
Service member states pain increased with the start of basic combat training (currently 
fifth week) with no relief from profiles, NSAIDS (nonsteroidal anti-inflammatory drugs) – 
physical training and quad rehabilitation.  Subjective findings:  Fifth week BCT –– profile 
four weeks of BCT.  Patient states that prior injuries to right knee prohibit him from 
funning, marching, pushups, and daily training.  Right knee weakness causes right 
ankle inversion injuries.  Objective findings:  Mild effusion, right medial knee; increased 
pain with patella grind, positive crepitus bilaterally, positive right medial McMurray?s (test 
used to detect tears in the knee); decreased muscle strength of right external 
mechanisms 4+/5; point tenderness at right medial joint line and lateral joint line; and 
right lateral ankle effusion (inversion injuries).

     b.  He was diagnosed with right patellofemoral syndrome and questionable medial 
meniscal tear/chondromalacia.  The board recommended the applicant be separated 
from the Army for failure to meet medical procurement standards in accordance with 
Army Regulation (AR) 40-501 (Standards of Medical Fitness), Chapter 2, paragraph 2-
11(2) and 2-39.  The condition existed prior to service and was not permanently 
aggravated by service.  He did meet medical retention standards in accordance with AR 
40-501, Chapter 3.  The medical approving authority approved the board proceedings 
and indicated that retention was not practical.

     c.  The immediate commander stated that the applicant was counseled regarding the 
reason for separation (the counseling is unavailable).  The applicant concurred with the 
proceedings and requested to be discharged from the Army without delay.  The 
applicant stated ?I . . . want[] to get out of the U.S. Army on my own free will.?  The chain 
of command recommended separation and on 7 July 1993, the appropriate separation 
authority directed that the applicant would be separated from the service.  

6.  On 19 July 1993, the applicant was discharged accordingly.  His DD Form 214, 
shows he was separated according to AR 635-200 (Personnel Separations – Enlisted 
Separations), paragraph 5-11 for failure to meet medical procurement standards with an 
uncharacterized characterization of service.  He completed 1 month and 25 days of his 
3-year contractual obligation.

7.  AR 635-200, in effect at the time, stated commanders were to separate Soldiers who 
were not medically qualified under procurement medical fitness standards when they 
enlisted.  EPSBD proceedings regardless of the date completed had to establish the 
following:  that medical authority had identified the disqualifying medical condition(s) 
within 4 months of the Soldier's initial entry on active duty; that the condition(s) would 
have permanently disqualified the Soldier from entry into military service, had they been 
detected earlier; and that the medical condition did not disqualify him/her for retention in 
military service.  A Soldier disqualified under this provision and has completed BT or 
eight weeks of one station training could request retention on active duty; the separation 
authority made the final determination.

8.  The record shows he received an uncharacterized character of service because he 
was separated while in an entry level status (within 180 days of date entered on active 
duty).  An uncharacterized discharge is not meant to be a negative reflection of a 
Soldier's military service.  It merely means the Soldier has not served on active duty 
long enough for his or her character of service to be rated.  

9.  The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this 
case. The ARBA Medical Advisor made the following findings and recommendations:  
The applicant is applying to the ABCMR in essence requesting a referral to the 
Disability Evaluation system (DES) and an upgrade of his uncharacterized 19 July 1993 
discharge from the Army.  He states “I was honorably discharged due to medical 
reasons.  Therefore, I am asking for full honorable discharge due to medical.”  The 
applicant’s pre-enlistment medical history and physical exam completed in March 1993 
show him to be in good health.   Supporting documents show he was referred to an 
EPSBD for a history of a right knee injury sustained while in high school.  This process 
is for enlisted Soldiers who within their first 6 months of active service are found to have 
a preexisting condition which does not meet the enlistment standard in chapter 2 of 
AR 40-501 (Standards of Medical Fitness), but does meet the chapter 3 retention 
standard of the same regulation.  A second criterion for this process is that the 
preexisting condition was not permanently service aggravated.  The board noted his 
history since enlistment:  20-year-old male with claimed history of right knee injuries 
during high school football (questionable ligament tear).  Service member states pain 
increased with the start of BCT with no relief from profiles, NSAIDS, physical therapy, 
and quad rehabilitation.  His exam revealed a small effusion with grinding and 
decreased quadriceps muscle strength.  The board determined correctly that the 
applicant did fail chapter 2 enlistment standards yet met chapter 3 retention standards.  
With the board’s finding, the applicant was then appropriately processed under the 
provisions of paragraph 5-11 of AR 635-200.  Given the current documentation, it is the 
opinion of the ARBA Medical Advisor that neither an upgrade of his discharge nor a 
referral of his case to the DES is warranted.   


BOARD DISCUSSION:

The Board carefully considered the applicant's request, supporting documents, 
evidence in the records, and a medical review.  The Board concurred with the 
conclusions of the ARBA Medical Advisor, finding insufficient evidence to support a 
recommendation to change the reason for his separation or the character of his service.  
Based on a preponderance of evidence, the Board determined the record as currently 
constituted is not in error or unjust.  


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.  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, set forth the basic authority for the separation of enlisted personnel.  

     a.  An honorable discharge is a separation with honor.  The honorable 
characterization is appropriate when the quality of the Soldier’s service generally has 
met the standards of acceptable conduct and performance of duty for Army personnel 
or is otherwise so meritorious that any other characterization would be clearly 
inappropriate.  

     b.  Uncharacterized Separations –– Soldiers separated in an entry-level status 
receive an uncharacterized character of service.  A separation is an entry level status 
separation if its processing is initiated during the Soldier's first 180 days of continuous 
active duty.  The Secretary of the Army could, on a case-by-case basis, issue an 
honorable character of service to entry-level Soldiers when clearly warranted by 
unusual circumstances involving personal conduct or duty performance.  

     c.  Paragraph 5-11 specifically provided that Soldiers who were not medically 
qualified under procurement medical fitness standards when accepted for enlistment 
were to be separated.  EPSBD proceedings regardless of the date completed had to 
establish the following:  that medical authority identified the disqualifying medical 
condition(s) within 4 months of the Soldier's initial entrance on active duty; that the 
condition(s) would have permanently disqualified the Soldier from entry into military 
service, had it been detected earlier; and that the medical condition did not disqualify 
him/her for retention in military service.  A Soldier disqualified under this provision and 
has completed BT or eight weeks of one station training could request retention on 
active duty; the separation authority made the final determination.

3.  AR 40-501 (Standards of Medical Fitness) provides information on medical fitness 
standards for induction, enlistment, appointment, retention, and related policies and 
procedures.  Chapter 3 (Medical Fitness Standards for Retention and Separation, 
Including Retirement), provides a listing of all medical conditions and specific causes for 
referral to an MEB.  It states: 

     a.  The various medical conditions and physical defects which may render a Soldier 
unfit for further military service and which fall below the standards required for all 
enlisted Soldiers of the Active Army, Army Reserve National Guard, and U.S. Army 
Reserve.  The medical conditions and physical defects, individually or in combination, 
are those, that: 

          (1)  Significantly limit or interfere with the Soldier's performance of their duties. 

          (2)  May compromise or aggravate the Soldier's health or well-being if they were 
to remain in the military Service.  This may involve dependence on certain medications, 
appliances, severe dietary restrictions, or frequent special treatments, or a requirement 
for frequent clinical monitoring. 

          (3)  May compromise the health or well-being of other Soldiers.

          (4)  May prejudice the best interests of the Government if the individual were to 
remain in the military Service. 

      b.  Soldiers with conditions listed in Chapter 3, who do not meet the required 
medical standards will be evaluated by an MEB.  Possession of one or more of the 
conditions listed in this chapter does not mean automatic retirement or separation from 
service.  Physicians are responsible for referring Soldiers with conditions listed in 
Chapter 3 to an MEB. 

4.   Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or 
Separation) establishes the PDES according to the provisions of Title 10, U.S. Code, 
chapter 61, Retirement or Separation for Physical Disability, and Department of 
Defense Directive 1332.18.  It states: 

     a.   The mere presence of an impairment does not, itself, justify a finding of unfitness 
because of physical disability.  In each case it is necessary to compare the nature and 
degree of physical disability present the requirements of the duties the Soldier 
reasonably may be expected to perform because of tier office, grade, rank or rating.  To 
ensure all solders are physically qualified to perform their duties in a reasonable 
manner, medical retention qualification standards have been established in Army 
Regulation 40-501.  These guidelines are used to refer Soldier to an MEB. 

     b.  Disability compensation is not an entitlement acquired by reason of service-
incurred illness or injury; rather it is provided to Soldiers whose service is interrupted 
and they can no longer continue to reasonably perform because of a physical disability 
incurred or aggravated in service. 

     c.  When a Soldier is being processed for separation or retirement for reasons other 
than physical disability, continued performance of assigned duty commensurate with his 
or her rank or grade until the Soldier is scheduled for separation or retirement, creates a 
presumption that the Soldier is fit.  An enlisted Soldier who reenlistment has not been 
approved before the end of his or her current enlistment, is not processing for 
separation; therefore this rule does not apply.  The presumption of fitness may be 
overcome if the evidence establishes that: 

          (1)  The Soldier was, in fact, physically unable to perform adequately the duties of 
his or her office, grade, rank or rating for a period of time because of disability.  There 
must be a causative relationship between the less than adequate duty performance and 
the unfitting medical condition or conditions. 

          (2)  An acute, grave illness or injury or other significant deterioration of the 
Soldier's physical conditions occurred immediately prior to, or coincident with 
processing for separation or retirement for reasons other than physical disability and 
which rendered the Soldier unfit for further duty.  

     d.  The fact that a Soldier has a condition listed in the Department of Veterans Affairs 
schedule for Rating Disabilities (VASRD) does not equate to finding of physical 
unfitness.  An unfitting, or ratable condition, is one which renders the Solder unable to 
perform the duties of their office, grade, rank, or rating, in such a way as to reasonably 
fulfill the purpose of their employment on active duty. 

     e.  The medical treatment facility commander with the primary care responsibility will 
evaluate those referred to him/her and will, if it appears as though the member is not 
medically qualified to perform duty or fails to meet retention criteria, refer the member to 
a MEB.  Those members who do not meet medical retention standards will be referred 
to a physical evaluation board (PEB) for a determination of whether they are able to 
perform the duties of their grade and MOS with the medically-disqualifying condition.  
The PEB evaluates all cases of physical disability equitably for the Soldier and the 
Army.  The PEB investigates the nature, cause, degree of severity, and probable 
permanency of the disability of Soldiers whose cases are referred to the board.  Finally, 
it makes findings and recommendations required by law to establish the eligibility of a 
Soldier to be separated or retired because of physical disability.

5.  Title 10, U.S. Code, chapter 61, provides for the retirement and discharge of 
members of the Armed Forces who incur a physical disability in the line of duty while 
serving on active or inactive duty.  However, the disability must have been the 
proximate result of performing military duty.  It further provides for disability retirement 
or separation for a member who is physically unfit to perform the duties of his office, 
rank, grade, or rating because of disability incurred while entitled to basic pay.

6.  38 USC 1110 (General - Basic Entitlement):

For disability resulting from personal injury suffered or disease contracted in line of duty, 
or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in 
the active military, naval, or air service, during a period of war, the United States will pay 
to any veteran thus disabled and who was discharged or released under conditions 
other than dishonorable from the period of service in which said injury or disease was 
incurred, or preexisting injury or disease was aggravated, compensation as provided in 
this subchapter, but no compensation shall be paid if the disability is a result of the 
veteran's own willful misconduct or abuse of alcohol or drugs.

7.  38 USC 1131 (Peacetime Disability Compensation - Basic Entitlement):

For disability resulting from personal injury suffered or disease contracted in line of duty, 
or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in 
the active military, naval, or air service, during other than a period of war, the United 
States will pay to any veteran thus disabled and who was discharged or released under 
conditions other than dishonorable from the period of service in which said injury or 
disease was incurred, or preexisting injury or disease was aggravated, compensation as 
provided in this subchapter, but no compensation shall be paid if the disability is a result 
of the veteran's own willful misconduct or abuse of alcohol or drugs.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180008061

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

1
ABCMR Record of Proceedings (cont)	 AR20180008061


6
ABCMR Record of Proceedings (cont)	AR20180008061


5