MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 28 February 2002
         DOCKET NUMBER: AR2001064694

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Ms. Celia L. Adolphi		Member
Mr. John T. Meixell		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That her discharge be changed to a medical discharge.

APPLICANT STATES: That she was discharged due to injuries received in basic training. She provides a doctor’s report dated 28 August 2001 as supporting evidence.

EVIDENCE OF RECORD: The applicant's military records show:

She enlisted in the Regular Army on 23 May 2001.

On 18 July 2001, the applicant underwent a mental status evaluation. It was noted that she had been seen at community mental health previously. Since that time she had continued to decline emotionally based on her growing discomfort in a military environment, was clearly not motivated for continued service, and she would continue to be a training distraction for the unit. She was diagnosed as having an adjustment disorder with depressed mood. It was recommended she be considered for administrative separation.

On 19 July 2001, separation action on the applicant under the provisions of Army Regulation 635-200, chapter 11 for entry-level status performance and conduct was initiated. The reasons cited for the proposed action were the applicant’s lack of motivation and failure to adapt to the military environment. The applicant acknowledged receipt of this action. She provided a statement saying she fully understood and agreed with everything. She stated that some people are just not cut out to be a soldier and she was one of those people. She no longer had the desire or drive to push herself any further.

On 19 July 2001, the appropriate commander approved the recommendation and directed the applicant be given an uncharacterized discharge.

On 27 July 2001, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11, for entry-level performance and conduct. Her character of service was uncharacterized. She had completed 2 months and 5 days of creditable active service.

On 28 August 2001, the applicant was treated for lumps up and down her legs that hurt and which had developed when she was in the Army. The lumps go down when she is off her legs and come up and hurt when she walks or runs. She stated that she could not run now or be as active as she was before entering the Army. The impression was of varicose veins versus fascial defect.

Army Regulation 635-200, chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention. The following conditions are illustrations of conduct that does not qualify for retention: cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service. Unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in an entry-level status. (For Regular Army soldiers, entry-level status is the first 180 days of continuous active duty.)

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. The regulation defines “physically unfit” as unfitness due to physical disability. The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty. Appendix B, paragraph 10 states that when considering EPTS (existed prior to service) cases involving aggravation by active service, the rating will reflect only the degree of disability over and above the degree existing at the time of entrance into the active service, less natural progression occurring during active service. This will apply whether the particular condition was noted at the time of entrance into active service or is determined upon the evidence of record or accepted medical principles to have existed at that time. Hereditary, congenital, and other EPTS conditions frequently become unfitting through natural progression and should not be assigned a disability rating unless service-aggravated complications are clearly documented.

Army Regulation 635-40, paragraph 3-3 states that, according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service. Examples of these conditions include congenital malformations. hereditary conditions, and similar conditions in which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusion that they existed prior to military service.

Internet site http://health.yahoo.com/health/dc/001109/0.html indicates that primary varicose veins occur because of congenitally defective valves or without a known cause. Secondary varicose veins occur because of other conditions, such as occurs when a pregnant woman develops varicose veins.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. There is no evidence of record to show that the applicant was separated due to injuries she received in basic training. The evidence of record shows she was separated because she could not adjust to the military, a determination with which she concurred at the time. She made no mention of being physically unable to continue in basic training because of injuries incurred during training or otherwise. She was only diagnosed with varicose veins, normally due to congenitally defective valves, after her separation.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__rvo___ __cla___ __jtm___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001064694
SUFFIX
RECON
DATE BOARDED	20020228
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	108.00
2.
3.
4.
5.
6.