BOARD DATE:  26 June 2020

		DOCKET NUMBER:  AR20190000541


APPLICANT REQUESTS: a medical discharge.

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 his hand was broken during training and he was physically and 
mentally abused due to his inability to do some of the training.

3.  The applicant enlisted in the Regular Army on 14 July 1983.

4.  The applicant was counseled on several occasions for a variety of infractions.

5.  On 1 August 1983, the applicant was issued a temporary P3 profile due to a fracture.  
The profile was to expire on 22 August 1983; however, the P3 profile was extended to 
expire on 5 September 1983.

6.  On 26 August 1983, the applicant accepted non-judicial punishment for breaking 
restriction.

7.  On 23 August 1983:

     a.  The applicant's commander notified him he was initiating action to accomplish his 
separation him from the Army under the provisions of chapter 11 of Army Regulation 
635-200 (Personnel Separations – Enlisted Personnel).  His specific reason for his 
proposed action was the applicant's immaturity and failure to take responsibility for his 
actions.  The applicant possessed a quitter's attitude and a lack of motivation necessary 
to become a Soldier.  The commander informed the applicant of his rights and the 
applicant acknowledged receipt. 

     b.  After consulting with counsel, the applicant elected to consult with counsel and 
did not submit a statement in his own behalf.  He indicated understood he would be 
ineligible to apply for enlistment in the Army for a period of 2 years after discharge.

     c.  The applicant elected not to undergo a separation medical examination.

8.  On 9 September 1983, an authorized official approved the applicant's separation 
under the provisions of Army Regulation 635-200, chapter 11, due to entry level status 
performance and conduct.

 9.  On 16 September 1983, the applicant was discharged in accordance with the 
authorized official's decision.  Item 24 (Character of Service) of his DD Form 214 
(Certificate of Release or Discharge from Active Duty) shows his service was 
uncharacterized.  He completed 2 months and 3 days of net active service this period.

10.  The applicant’s available medical records does not show he was issued a 
permanent P3 profile or had a condition requiring referral to the Army Disability 
Evaluation System (DES). 

11.  The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting 
documents and the applicant's records in iPERMS, the Armed Forces Health 
Longitudinal Technology Application (AHLTA), Health Artifacts Image Management 
Solutions (HAIMS) and the VA's Joint Legacy Viewer (JLV) and made the following 
findings and recommendations:  There were no in service treatment records found in 
AHLTA or JLV, however, they were readily available in the application packet.  The 
record shows the applicant disclosed a previous history of right fifth digit fracture 
approximately 2 years prior to service.  The applicant reinjured his right fifth digit while 
in service on 28 July 1983 during physical training.  An 02Aug1983 General Counseling 
note indicated the injury interfered with performing some duties (e.g. making his bunk).  
He was initially given a T3 (temporary level 3) profile set to expire 22Aug1983 with 
some activity restrictions.  On 22 Aug he was seen in follow up by Occupational 
Therapy (OT).  He reported that he was still having right hand pain.  OT assessed the 
fracture was healing but opted to extend the profile by 2 weeks.  However, two days 
later on 24 Aug, the applicant returned stating he was able to move his right hand with 
minimal discomfort. The profile was discontinued and he was advised to use a splint at 
bedtime for the next week and return as needed.  The condition was responding to 
treatment as expected and did not require a permanent level 3 profile.  Based on 
information available for review, the condition met retention standards IAW AR 40-501 
and does not support a medical discharge in this case.

12.  Army Regulation 635-200, chapter 11, in effect at the time, set policy and provided 
guidance for the separation of personnel because of unsatisfactory performance or 
conduct (or both) while in an entry level status.

13.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or 
Separation) establishes DES and sets forth policies, responsibilities, and procedures 
that apply in determining whether a Soldier is unfit because of physical disability to 
reasonably perform the duties of his office, grade, rank, or rating.  Only the unfitting 
conditions or defects and those which contribute to unfitness will be considered in 
arriving at the rated degree of incapacity warranting retirement or separation for 
disability.

14.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness 
standards for enlistment; induction; appointment, including officer procurement 
programs; retention; and separation, including retirement.  Once a determination of 
physical unfitness is made, the physical evaluation board (PEB) rates all disabilities.    


BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his length 
and record of service, his injury, the absence of a permanent profile, his entry level 
status and the reason for his separation.  The Board considered the review and 
conclusions of the medical advising official and concurred with the conclusion that a 
medical separation was not supported.  Based on a preponderance of evidence, the 
Board determined that the reason and character of service the applicant received upon 
separation were not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was 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, 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.  An honorable discharge is a separation with honor and entitles the recipient to 
benefits provided by law.  The honorable characterization is appropriate when the 
quality of the member'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.  A general discharge is a separation from the Army under honorable conditions.  
When authorized, it is issued to a Soldier whose military record is satisfactory but not 
sufficiently meritorious to warrant an honorable discharge.

	c.  Chapter 11, provides for the separation of personnel because of unsatisfactory 
performance or conduct (or both) while in an entry-level status.  When separation of a 
Soldier in entry-level status is warranted by unsatisfactory performance or minor 
disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or 
failure to adapt to the military environment, he or she will normally be separated per this 
chapter.  Service will be uncharacterized for entry-level separation under the provisions 
of this chapter.  This policy applies to Soldiers in the Regular Army, Army National 
Guard (ARNG), and USAR who have completed no more than 180 days of continuous 
active duty or initial active duty for training (IADT) or no more than 90 days of Phase II 
under a split or alternate training option.

	d.  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. 
For ARNG and USAR Soldiers, entry-level status begins upon enlistment in the ARNG 
or USAR.  For Soldiers ordered to IADT for one continuous period, it terminates 180 
days after beginning training.  For Soldiers ordered to IADT for the split or alternate 
training option, it terminates 90 days after beginning Phase II of Advanced Individual 
Training.

3.  Army Regulation 635-40 establishes the Army Disability Evaluation System and sets 
forth policies, responsibilities, and procedures that apply in determining whether a 
Soldier is unfit because of physical disability to reasonably perform the duties of his 
office, grade, rank, or rating.  Only the unfitting conditions or defects and those which 
contribute to unfitness will be considered in arriving at the rated degree of incapacity 
warranting retirement or separation for disability.

	a.  Soldiers are referred to the disability system when they no longer meet medical 
retention standards in accordance with Army Regulation 40-501, chapter 3, as 
evidenced in a medical evaluation board (MEB); when they receive a permanent 
physical profile rating of "3" or "4" in any functional capacity factor and are referred by a 
Military Occupational Specialty Medical Retention Board; and/or they are command-
referred for a fitness-for-duty medical examination.

	b.  The mere presence of medical impairment does not in and of itself justify a 
finding of unfitness.  In each case, it is necessary to compare the nature and degree of 
physical disability present with the requirements of the duties the Soldier may 
reasonably be expected to perform because of his or her office, grade, rank, or rating.  
Reasonable performance of the preponderance of duties will invariably result in a 
finding of fitness for continued duty.  A Soldier is physically unfit when medical 
impairment prevents reasonable performance of the duties required of the Soldier's 
office, grade, rank, or rating.

4.  Army Regulation 40-501 governs medical fitness standards for enlistment; induction; 
appointment, including officer procurement programs; retention; and separation, 
including retirement.  Once a determination of physical unfitness is made, the PEB rates 
all disabilities.  The VA Schedule for Rating Disabilities is used by the Army and the VA 
as part of the process of adjudicating disability claims.  It is a guide for evaluating the 
severity of disabilities resulting from all types of diseases and injuries encountered as a 
result of, or incident to, military service.  This degree of severity is expressed as a 
percentage rating which determines the amount of monthly compensation.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190000541


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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