ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  14 August 2019

	DOCKET NUMBER:  AR20180010366


APPLICANT REQUESTS:  correction to his separation code

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)

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 he was not injured prior to coming on active duty.  A search of all his medical records can be provided.  He got his injury during basic training and while doing physical therapy, they asked if he would like to be discharged.  He did not pay attention nor was he ever explained as to what the code were that was being placed on his paperwork. 

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

a. He enlisted in the Regular Army on 29 October 1998.

b. The complete facts and circumstances surrounding his discharge are not available for review with this case.  

	c.  However, his DD Form 214 shows he was discharged on 2 March 1999 under the provisions of AR 635-200, paragraph 5-11, by reason of failure to meet medical procurement fitness standards.  It shows he completed 4 months and 4 days of net active service.  Item 24 (Character of Service) shows:  Uncharacterized and Item 26 (Separation Code) shows:  JFW.

4.  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 of JFW is the correct code for Soldiers separating under the provisions of AR 635-200, paragraph 5-11.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  The applicant’s contentions were carefully considered.  The Board applied Department of Defense standards of liberal consideration to the complete evidentiary record and did not find any evidence of error, injustice, or inequity.  The Board agreed his separation code was warranted as there is insufficient evidence that shows he had a medically boardable condition and was separated due to a service-connected disability.

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.  AR 635-200 sets forth the basic authority for separation of enlisted personnel. 

	a.  Paragraph 5-11 states that Soldiers who are not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty, active duty for training, or initial entry training will be separated.  A medical proceeding conducted by an EPSBD, 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 (Standards of Medical Fitness), chapter 3. 

	b.  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 service prior to initiation of the separation action.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180010366


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