IN THE CASE OF: BOARD DATE: 4 May 2022 DOCKET NUMBER: AR20210014568 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was honorably discharged by reason of physical disability. Additionally, he requests an appearance before the Board via video/telephone. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), with self-authored statement * DD Form 2807-1 (Report of Medical History), dated 19 November 2004 * DD Form 2808 (Report of Medical Examination), dated 19 November 2004 * DA Form 3349 (Physical Profile), dated 23 February 2005 * DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 23 February 2005 * Memorandum from Ireland Army Community Hospital, Fort Knox, Kentucky, dated 3 March 2005, with reverse of DA Form 4707 * DD Form 214, for the period ending 15 March 2005 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. Code (USC), Section 1552 (b); however, the Army Board for Correction of Military Records (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: a. While in basic training he went down a flight of stairs with a ruck sack on and injured his lower back and neck. A week or so later he fell hard on his left shoulder and hurt it pretty bad. He had broken his collar bone six months prior to his enlistment, to his knowledge it had healed and he was cleared for service. b. He was told to either sit in medical hold for the next two years or go home. He felt as though he was forced to accept the discharge. He recently began the process of getting disability for his neck and back injuries but his discharge is still uncharacterized. He wasn’t given the choice to stay but the service he did perform was honorable. 3. The applicant enlisted in the Regular Army on 28 December 2004. He entered active duty for training (ADT), for the purpose of completing initial entry training; however, his record indicates he did not finish his initial entry training. 4. A DA Form 4707, dated 23 February 2005, shows the applicant was a 21-year-old male in his seventh week of training. He had a five-week history of sharp left shoulder and clavicle pain brought on by training. The applicant also noted neck and back pain following a fall down a flight of stairs while wearing a ruck sack. X-rays and a bone scan were done, and he noted resolution of his neck and back pain symptoms. He was diagnosed with a history of left clavicular fracture. The EPSBD recommended he meet a medical board for separation from military service. 5. The applicant acknowledged the EPSBD findings on 4 March 2005 and further acknowledged that he had been advised that legal counsel from an Army attorney was available to him or he could consult civilian counsel at his own expense. He could request discharge from the Army without delay or request retention on active duty. He concurred with the proceedings and requested discharge from the Army without delay. 6. The applicant's commander recommended the applicant's separation from service on 4 March 2005. The separation authority approved the recommendation on 8 March 2005 and directed the applicant's separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 5-11, by reason of failure to meet medical/physical procurement standards. 7. Accordingly, the applicant was discharged on 15 March 2005. He was credited with 2 months and 18 days of net active service this period. His service was uncharacterized. 8. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. The evidence of record shows the applicant was in an entry-level status at the time of his separation processing. As a result, his service was appropriately described as "uncharacterized" in accordance with governing regulations. 9. MEDICAL REVIEW: The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this case. Documentation reviewed included the applicant’s ABCMR application and accompanying documentation, the military electronic medical record (AHLTA), the VA electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the Medical Electronic Data Care History and Readiness Tracking (MEDCHART) application, and/or the Interactive Personnel Electronic Records Management System (iPERMS). The ARBA Medical Advisor made the following findings and recommendations: The applicant is applying to the ABCMR requesting an upgrade of his 15 March 2005 uncharacterized discharge and, in essence, a referral to the Disability Evaluation System. He claims his pre-existing shoulder condition was permanently service aggravated by training. a. The Record of Proceedings details the applicant’s military service and the circumstances of the case. His DD 214 shows he entered the regular Army on 28 December 2004 and was discharged on 15 March 2005 under provisions provided in paragraph 5-11 of AR 635-200, Active Duty Enlisted Administrative Separations (26 June 1996): Separation of personnel who did not meet procurement medical fitness standards. b. There are no encounters in AHLTA. c. The applicant’s pre-entrance Report of Medical History show he had no significant past medical history other than a left clavicle fracture in September 2004 and which had been treated non-operatively. The applicant’s pre-entrance Report of Medical Examination did not note any abnormities about the shoulder, shows no significant diagnoses or defects, and that he was cleared for induction. d. The applicant was referred to an entrance physical standards boards (EPTSB) under provisions in paragraph 5-11a of AR 635-200 for left shoulder pain. EPTSBs are convened IAW paragraph 7-12 of AR 40-400, Patient Administration. This process is for enlisted Soldiers who within their first 6 months of active service are found to have a preexisting condition or develop a 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. The fourth criterion for this process is that the preexisting condition was not permanently service aggravated. e. From the 23 February 2005 Entrance Physical Standards Board (EPTSB) Proceedings (DA Form 4707): (1) “The patient is a 21 -year-old man with a five-week history of sharp left shoulder and left clavicle pain brought on by training. He was seen for this problem at Nelson Medical Clinic, x-rays were done, and the patient was referred to Physical Therapy (Capt. C.). A Med 200 exam was recommended and scheduled. The patient also noted neck and back pain following a fall down a flight of stairs while wearing a ruck sack. X-rays and a bone scan were done, and the resolution of his neck and back pain symptoms. (2) Past History: The patient gives a history of fracturing his left clavicle in August of 2004 in a motor cycle accident. (He had also been in a motorcycle accident in May of 2004) ... He was offered the option of surgery for this, but refused when he was told the surgery would only be for cosmetic rather than functional improvement. (3) Physical Exam: … Left clavicle deformity on inspection, left acromioclavicular tenderness to palpation. (4) X-ray Results: The patient appears to have an old fracture of the mid shaft of the left clavicle. This appears to have at least partially healed with ossification of the two parts." (5) Diagnosis: Left shoulder and clavicular pain with training, history of left clavicular fracture. (6) Disposition: It is recommended that the patient meet a Medical Board for consideration of separation. Member does not meet medical fitness standards for enlistment or induction under the provisions of 2-11d(1), Chapter 2, AR 40- 501 {Standards of Medical Fitness}. EPTS {existed prior to service}: Yes. Service aggravated: Yes.” f. Paragraph 2-11d (1) of AR 40-501 states that “Current malunion or non-union of any fracture (733.8) (except asymptomatic ulnar styloid process fracture) does not meet the standard.” He also did not meet the standard in paragraph 2-11f “Current or history of contusion of bone or joint; an injury of more than a minor nature that will interfere or prevent performance of military duty … does not meet the standard.” g. That the applicant’s preexisting fracture was aggravated by the rigors of basic combat training could be expected. However, this would not qualify as permanent service aggravation as the symptoms would be expected to resolve after he was removed from the rigors of military training and the fracture completed the healing process. h. The Board concluded the applicant’s pre-existing clavicle fracture failed enlistment standards, had existed prior to service, was not permanently aggravated by his service, and was not compatible with continued service. On 7 March 2005, the applicant agreed with the Board’s findings and recommendation, initialing the election box for “I concur with the proceedings and request to be discharged for the US Army without delay.” i. An uncharacterized discharge is given to individuals who separate prior to completing 180 days of military service, or when the discharge action was initiated prior to 180 days of service. This type of discharge does not attempt to characterize service as good or bad. Through no fault of his own, he simply had a medical condition which was, unfortunately, not within enlistment standards. j. It is the opinion of the ARBA Medical Advisor that neither a discharge upgrade nor a referral of his case to the DES is warranted. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and medical advisory the Board determined the applicant did not complete his initial training and served a period of 2 months and 18 days of net active service. The Board concurred with the medical advisory opinion finding at no fault of the applicant, he simply had a medical condition which was, unfortunately, not within enlistment standards. Based on this, the Board determined neither a discharge upgrade nor referral of his case to the Disability Evaluation System (DES) is warranted. As a result, there is no basis for granting the applicant's request. 2. An uncharacterized discharge is not derogatory; it is recorded when a Soldier has not completed more than 180 days of creditable continuous active duty prior to initiation of separation. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated as honorable or otherwise. 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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 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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3 provides that a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated. b. Paragraph 3-7a provides that 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. c. Paragraph 3-9, in effect at the time of the applicant's separation, provided that a separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry-level status, except when: (1) a discharge under other than honorable conditions was authorized, due to the reason for separation and was warranted by the circumstances of the case; or (2) the Secretary of the Army, on a case-by-case basis, determined a characterization of service as honorable was clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization was authorized when the Soldier was separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority. d. Paragraph 5-11 provided that 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 entrance on active duty, active duty for training, or initial entry training would be separated. Medical proceeding, 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 military service had it been detected at that time, and the medical condition did not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501(Standards of Medical Fitness). e. The character of service for Soldiers separated under this provision would normally be honorable, but would be uncharacterized if the Soldier was in an entry-level status. An uncharacterized discharge is neither favorable nor unfavorable; in the case of Soldiers issued this characterization of service, an insufficient amount of time would have passed to evaluate the Soldier's conduct and performance. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210014568 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1