PEB board gave EPTS but Med records say otherwise

Rmyers

New Member
Registered Member
Hi all. First off, thank you to those who read and take the time to offer advice. I need some advice on the best course of action for correcting my record.

In 1996 I enlisted DEP, went through MEPS physical and disclosed all info. When I was 10 I had my tonsils out, when I was 16 I stubbed my pinky toe and it fractured (fully healed, no problems). Other than that, perfect healthy, athletic 17 yr old weighing 120lbs. In 1997, after high school graduation I took the second MEPS physical that allowed me to fully enlist and ship out the BCT. Nothing had changed with my medical history.

Shipped to BCT and passed the entry physical requirements without any problems. Completed the tasks for training, pt etc with no recycling. Towards the very end I was having pretty bad pains in my feet. Since it was both of them, it was really difficult to compensate one for the other. It got to be very bad and so I was sent for xray and bone scan. The bone scan showed 3 stress fractures (2 in one foot, 1 in the other) and I also had bilateral plantar fasciitis. A doc evaluated me and clearly wrote that I had been injured during training with these 3 fractures and bilat plantar fasciitis. I had to be pulled from finishing the last bit of training and put into a "rehab platoon" where I could heal up and then recycle for the last week.

In the "rehab platoon" there was no such rehab. I was sent to physical therapy at the post hospital several times a week where a medic handed me an ultrasound wand and told me not to break his machine (I didn't even know what the machine was at the time) and then he forged the actual doctor's signature on my notes. I never saw an actual physical therapy doctor. Outside of the physical therapy, we did pt. Against the profile, we were told to run. I know those things can't be proven, I understand that, but the point is that due to the poor/non-existent medical care coupled with being forced to run on 3 fractures, I did not heal within the few weeks they wanted me to. I knew that this was hurting rather than helping so I requested convalescent leave or temporary disability so that I could actually heal and return to training. I was verbally denied and not allowed to contact anyone outside of the platoon.

After a relatively short period of time of not-healing and actually having increased pain, I actually was able to see a physician. I again asked him if he could recommend temporary disability or convalescent leave etc and instead he put my packet in for med board review and said that I wanted to "go home". The med board reviewed it an determined that I had a condition "existing prior to service". I think they cited something like high arches. Basically they made it out that I had an erroneous enlistment and a condition existing before shipping, and said that since my fractures weren't healing themselves within a few weeks while I was running on them I was a failure to meet procurement standards. Again, nowhere on my meps physicals does it show I have any "conditions" requiring a waiver, and the only thing I had before in my life had been a broken pinky toe from when I stubbed it on the couch when I was 16. It wasn't even in the same location as any of the 3 fractures I sustained during training. Additionally, I have a form statement from a CPT stating the injuries occurred during training.

So long story short I was given an ELS, EPTS, I was not given severance, disability nor VA medical care. I went into the army healthy and very fit all set for my 5 year enlistment, and was discharged in a world of pain and people trying to say I arrived like that. I attempted to re-enlist later (my re-code was that I could with a waiver....again which kind of contradicts having a condition existing prior to service...) but my packet kept getting hung up at meps by the docs who probably weren't happy that they had been blamed for a previous "erroneous enlistment". I was otherwise a perfect candidate (clean record, great scores, college grad) but that discharge just kept getting in the way.

Now, I am past the age limit to be in the military. Obviously that is not possible. I am not necessarily looking even to benefit from a correction, although I do think it was very wrong that I paid my own medical expenses and had a hard time working for awhile after that since, you know, both my feet were broken. But that discharge has always bothered me and I felt like a failure for something which in my age I have come to realize was not my fault. I am simply tired of having those codes and that discharge when they contradict my medical records before and during my injuries. I am not entirely sure of what my discharge options are/should have been, but frankly I don't want to look at "EPTS" or "Erroneous Enlistment" anymore. As it stands, the arthritis that I've been keeping at bay for awhile that has been creeping in, isn't covered by the VA because of my discharge.

Thanks again for reading, and any advice you can give. I know this is small potatoes compared to what thousands of others go through. I just know that I was completely honest, got hurt, and now have a permanent record that isn't accurate. I would like for it to be accurate.
 
Also, if I have left out relevant information (exact codes, form numbers, etc etc) please feel free to ask.
 
Have you talked to a VSO about your situation?
 
I am going to assume that you are asking the question of how you can have your discharge upgraded from Entry Level Separation to something else, is this correct?

My interpretation of the rule surrounding discharge upgrades with the ABCMR (Title 10, U.S. Code, section 1552(b)) is that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.

I think the ABCMR will use the second enlistment attempt as a date to establish a timeline for that statute of limitations. I have read where the statue can be waived in the interest of judgement.

I also believe that there is a 15 year statute of limitations with the Army Discharge Review Board.

Hopefully @Jason Perry can chime in, he is an expert on the law surrounding discharges and may be able to provide more insight on the matter.
 
The BCMR application deadline is three years from the date the error or injustice was identified to you. The BCMR usually makes this timeline indefinite in the interest of justice. Have you ever filed with the VA for this condition? If so, what was the result?

Mike
 
You may want to seriously consider filing with the BCMR. It sounds like you have a basic claim. An attorney could evaluate your claim and give you a better assessment of the likelihood of success. In the resources section of this website their is a court case that spells out the government's responsibilities when asserting EPTS.

http://www.pebforum.com/site/resources/wollman-v-united-states.59/
 
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