RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 November 2005
      DOCKET NUMBER:   AR20050002943


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her report of separation be
corrected to reflect that she was discharged by reason of physical
disability.

2.  The applicant states, in effect, that her DD Form 214 shows that she
was discharged for a physical condition that was not deemed a disability.
However, she is receiving disability compensation from the government for
the injury that served as the basis for her discharge.

3.  The applicant provides a copy of her rating decision from the
Department of Veterans Affairs (VA).

CONSIDERATION OF EVIDENCE:

1.  She enlisted in Milwaukee, Wisconsin, on 14 August 2003 for a period of
4 years, training as Patriot Operator/Maintenance crewman, a cash
enlistment bonus and enrollment in the Army College Fund.  She was
transferred to Fort Jackson, South Carolina, to undergo her basic combat
training.

2.  On 23 August 2003, while still in the Reception Station and during a
company run, the applicant’s knee locked up and caused her pain.  She went
on sick call and was referred to the orthopedic clinic at Moncrief Army
Hospital.

3.  On 8 October 2003, the applicant’s Reception Station commander notified
her that he was initiating action to separate her from the service under
the provisions of Army Regulation 635-200, paragraph 5-17, due to other
designated physical or mental conditions.  He cited as the basis for his
recommendation that the applicant had been treated for knee pain and that
the prognosis and recovery time would unreasonably interfere with her
ability to ship to training.  He also indicated that her condition did not
require additional medical care, supervision or a medical board.  He
further stated that she was expected to heal fully given time to do so;
however, in his opinion, she was not a good candidate for training and he
believed that she would not complete training if retained.  The
recommendation for discharge contained several counseling statements
regarding her lack of motivation towards training and rehabilitation.

4.  The applicant declined the opportunity to consult with counsel and
elected not to submit a statement in her own behalf.

5.  The appropriate authority approved the recommendation for discharge on
15 October 2003 and directed that she be issued an uncharacterized entry
level separation.

6.  Accordingly, she was discharged on 23 October 2003, under the
provisions of Army Regulation 635-200, paragraph 5-17 for a physical
condition, not a disability.  She had served 2 months and 10 days of total
active service and her service was uncharacterized.

7.  On 31 October 2003, the applicant filed a disability claim with the VA
and on 9 April 2004, the VA granted her 10% disability compensation for
left knee multipartite patella with infrapatellar tendonitis.

8.  Title 10, United States Code, chapter 61, provides disability
retirement or separation for a member who is physically unfit to perform
the duties of his or her office, rank, grade or rating because of
disability incurred while entitled to basic pay.

9.  Army Regulation 635-40, Physical Evaluation for Retention, Retirement,
or Separation, paragraph 3-2b, provides that disability compensation is not
an entitlement acquired by reason of service-incurred illness or injury;
rather, it is provided to soldiers whose service is interrupted and they
can no longer continue to reasonably perform because of a physical
disability incurred or aggravated in service.

10.  Title 38, United States Code, sections 310 and 331, permits the VA to
award compensation for a medical condition which was incurred in or
aggravated by active military service.  An award of a VA rating does not
establish error or injustice in the Army rating.  An Army disability rating
is intended to compensate an individual for interruption of a military
career after it has been determined that the individual suffers from an
impairment that disqualifies him or her from further military service.  The
VA, which has neither the authority nor the responsibility for determining
physical fitness for military service, awards disability ratings to
veterans for conditions that it determines were incurred during military
service and subsequently affects the individual's employability.

11.  Army Regulation 635-200, paragraph 5-17, provides for the separation
of Soldiers who have a physical or mental condition that potentially
interferes with assignment to or performance of duty; however, the physical
or mental condition does not amount to a disability or qualify for
disability processing under the provisions of Army Regulation 635-40.
DISCUSSION AND CONCLUSIONS:

1.  The mere presence of impairment does not, of itself justify a finding
of physical unfitness and/or medical retirement from the Army.

2.  The fact that the VA has awarded the applicant a disability rating for
her knee does not establish physical unfitness, or the degree thereof for
Department of the Army purposes.  Although there is no evidence to suggest
that her knee injury permanently prevented her from performing her duties,
each agency/department is bound to operate within its own rules,
regulations, and policies.  The granting of a compensable award by one
agency is not tantamount to a lesser, equal or more enhanced award by the
other agency.

3.  The evidence of record clearly shows that she needed no additional
medical treatment at the time, that she simply needed time to heal and that
her motivation for entering and completing training was deemed to be
marginal at the time.  A determination was made that she should be
discharged rather than held at the reception station until she was deemed
medically fit to undergo training.

4.  The fact that the VA, in its discretion, has awarded her a disability
rating is a prerogative exercised within the policies of that agency.  It
does not, in itself, establish any entitlement to additional disability
compensation or medical retirement from the Department.

5.  Disability ratings assigned by the VA are based upon the establishment
of service-connection of the diagnoses.  This rating may fluctuate from
zero to 100 percent based on the former service member's physical condition
at the time of each physical examination.

6.  Army disability ratings are not based upon the same principles as the
VA and, consequently, the ratings awarded by the VA may differ from those
awarded by the Army.

7.  Accordingly, she was properly discharged in accordance with the
applicable laws and regulations with no indication of any violations of any
of her rights.

8.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __lds___  __mjf___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                 Margaret K. Patterson
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002943                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |(UNCHAR)                                |
|DATE OF DISCHARGE       |2003/10/23                              |
|DISCHARGE AUTHORITY     |AR635-200.PARA 5-17 . . . . .           |
|DISCHARGE REASON        |PHY COND NOT A DISABILITY               |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |177/PD                                  |
|1.108.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]