BOARD DATE: 10 April 2020 DOCKET NUMBER: AR20190000333 APPLICANT REQUESTS: in effect, an honorable physical disability separation in lieu of uncharacterized discharge due to failure to meet procurement medical fitness Standards. 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, section 1552(b); however, the 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 she was told she was going to be medically discharged. The main reason for her discharge was the injury to her feet. She is currently receiving treatment for her feet at the Department of Veteran Affairs (VA). She has needed treatment for her feet since her foot injury in 2011. She never had problems with her feet prior to the injury. There is no record of her breathing problems. 3. On 13 January 2011, the applicant was ordered to initial active duty for training with a reporting date of 18 January 2011. She did not complete initial entry training and was not awarded a military occupational specialty (MOS). 4. On 4 March 2011: a. The applicant was issued a temporary P3 profile due to Asthma. The profile was to expire on 30 May 2011. The profile indicated the applicant was awaiting a Chapter 2 Medical Board Proceeding. The profile is unsigned; however, it is filed in her official military personnel file. b. An Entrance Physical Standards Board (EPSBD) Proceedings found the applicant medically unfit for appointment or enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the condition existed prior to service EPTS). The chief complaint was shortness of breath with exertion. She was diagnosed with Asthma, moderate persistent. The EPSBD recommended she be discharged from the military in accordance with Army Regulation 40-501 (Standards of Medical Fitness). The findings were approved on 9 March 2011. 5. On 21 March 2011, the applicant was informed of the findings. She indicated she understood legal advice was available to her, she could request discharge from the Army without delay or request retention on active duty, and if retained she could be involuntarily reclassified into another MOS. She concurred with the proceedings and requested to be discharged from the Army without delay. 6. After completion of 2 month and 26 days of net active service, her DD Form 214 shows she was discharged on 12 April 2011, under the provisions of Army Regulation 635-200 (Personnel Separation - Enlisted Personnel), paragraph 5-11, for failure to meet procurement medical fitness standards – no disability. Item 24 (Character of Service) shows "UNCHARACTERIZED." 7. The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant’s medical records in the Armed Forces Health Longitudinal Technology Application (AHLTA), Health Artifacts Image Management Solutions (HAIMS) and Joint Legacy Viewer (JLV) and made the following findings and recommendations: a. The applicant, without primary MOS, is requesting a medical discharge (in effect a disability separation). She says she injured her feet in service and has had problems with them ever since. JLV search shows the veteran is 50% service connected for Flat Feet. She was first seen 07 February 2011 for bilateral foot pain and was later found to have Bilateral Grade 3 Calcaneal Stress Injuries. She was treated conservatively with crutches, physical therapy (PT) and temporary profile. By 02 March 2011, at her third PT visit, she had been on temp profile for 3 weeks and 3 days and reported that previous dorsal foot and shin pain had completely resolved and that bilateral heel pain was improving too. The 11 March 2011 PT note indicates the left foot stress fracture was resolving well—applicant was able to complete several functional tests (full squat, high jumper, single leg hop with reps etc) without pain; PT was discontinued; and she was advised she could initiate a progressive return to running program in 6 weeks. The 07 November 2017 Foot C&P DBQ documents after being followed by her private podiatrist she had left plantar fascial release 28 September 2017. b. During training, the applicant had concurrently been worked up (during at least 5 visits from 14 February to 04 March 2011) for her reports of life long dyspnea on exertion and night time cough that she had never had evaluated previously. Two different providers (14 February to 04 March 2011) documented her report of life long breathing issues. She neglected to disclose the breathing difficulties on 19 August 2010 DD Form 2807-1 (induction exam). The 17 February 2011 lung tests (PFTs) showed an increase in FEV1 by 11% which is a significant bronchodilator response thereby confirming the Asthma diagnosis. By 04 March 2011 she had been on a "trial of training" while using asthma meds. Symptoms were better but she still couldn’t keep up- - mainly had problems with physical training runs. It was recommended she be discharged from the military in accordance with AR 40-501, Chapter 2-23d for Asthma, which was determined to have existed prior to service (EPTS). The applicant’s discharge for Failed Medical/Physical/Procurement Standards was for the Asthma condition, not the Bilateral Foot condition. Referral to the Army DES for consideration of medical disability is not indicated. 8. Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-11 states Soldiers who were 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 or active duty for training for initial entry training may be separated. Such conditions must be discovered during the first 6 months of active duty. For character of service, paragraph 5-1 should be adhered to. 9. Army Regulation 40-501 (Standards of Medical Fitness) provides information on medical fitness standards for induction, enlistment, appointment, retention, and related policies and procedures. Chapter 2 provides for evaluation by an EPSBD for Soldiers with medical conditions or physical defects predating original enlistment, these standards apply for enlistee's first six months of active duty. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board reviewed the application, all evidence, and the reason for her separation. The applicant’s contentions were carefully considered. In addition, the Board considered her medical records, the review and conclusions of the advising official, and published DoD guidance for consideration of discharge upgrade request. The Board concurred with the medical advisory opinion finding insufficient evidence of in-service factors to support a change in the applicant’s separation; the applicant’s condition was determined to be EPTS. 2. The governing regulation provides that a separation will be described as an entry- level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status. As such, her DD Form 214 properly shows her service as uncharacterized. 3. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation was 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. REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-1 states unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status. b. Paragraph 5-11 states Soldiers who were 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 or active duty for training for initial entry training may be separated. Such conditions must be discovered during the first 6 months of active duty. For character of service, paragraph 5-1 should be adhered to. c. Section II (Terms) of the Glossary defines entry-level status for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. 3. Army Regulation 40-501 (Standards of Medical Fitness) provides information on medical fitness standards for induction, enlistment, appointment, retention, and related policies and procedures. Chapter 2 provides for evaluation by an EPSBD for Soldiers with medical conditions or physical defects predating original enlistment, these standards apply for enlistee's first six months of active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190000333 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1