RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 OCTOBER 2006
      DOCKET NUMBER:  AR20060000349


      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             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. David Gallagher               |     |Member               |
|     |Mr. Roland Venable                |     |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 uncharacterized discharge
be changed to a medical discharge.

2.  The applicant states that she was disabled during active duty.

3.  The applicant does not provide any supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that she enlisted in the Regular Army and
entered active duty on 1 November 2004.  She served in the Army for 3
months and 25 days and received an uncharacterized discharge on 25 February
2005.

2.  The applicant’s DD Form 214 (Certificate of Release or Discharge from
Active Duty) lists the separation authority as Army Regulation 600-200,
paragraph 5-17, with the statement of “Physical condition, not a
disability.”

3.  Prior to enlisting in the Army, the records show that the applicant
underwent a physical examination on 24 May 2004.  The physician noted that
he needed the applicant’s medical records with documentation of status.

4.  On 4 December 2004, the applicant was examined at the Moncrief Army
Community Hospital.  The DA Form 2173 (Statement of Medical Examination and
Duty Status) states that on or about 26 November 2004, while awaiting the
start of basic combat training (BCT), the Soldier was doing detailed clean-
up when she tripped and fell and sustained an injury to her back.  The
physician noted that “despite numerous profiles and attempts through
physical therapy, the service member was separated in accordance with Army
Regulation 635-200.”

5.  On 14 January 2005, the physical therapist stated he initially
evaluated the applicant on 6 December 2004 for a joint dysfunction in her
low back as a result of a reported fall.  The therapist said the
applicant’s symptoms could be resolved with rest but, were easily
aggravated with continued physical activity.  He said the applicant does
not appear to have the ability to tolerate the physical demands of initial
entry training and has reached the maximum short term benefits from
physical therapy.  The therapist said there was minimal continued
rehabilitation potential for the applicant and she was not a candidate for
a medical board.  He recommended that the chain of command consider
discharge.

6.  On 18 January 2005, the applicant received event oriented counseling
from her company commander.  The commander stated that the applicant
arrived at the Reception Battalion on 2 November 2004.  She initially
became a holdover because of a potential allergy to antihistamines.  The
commander admitted that the applicant went on numerous appointments and
medical examinations at the Troop Medical Company (TMC).  She was also sent
to Fort Gordon where it was determined that she was not allergic to
antihistamines.  The commander said prior to Exodus, the applicant
sustained a lower back injury and was placed on a 21-day temporary profile.
 Upon completion of the profile, the applicant was cleared to attend BCT
but, aggravated her condition.  The commander stated the applicant returned
to the TMC and physical therapy where the therapist recommended separation
if the treatment was not feasible.  The applicant signed and initialed the
counseling statement indicating that she understood and agreed with the
information contained on the form.

7.  On 12 February 2005, the applicant was counseled by her company
commander concerning separation.  The commander said that the applicant was
being counseled based upon her lack of progress since she began physical
therapy approximately three weeks ago.  Additionally, he said he felt that
significant progress will not be made and therefore, he recommended
separation. The applicant signed and initialed the counseling statement
indicating that she understood and agreed with the information contained on
the form.

8.  Memorandum, undated, shows that the commander initiated action to
separate the applicant under the procedures of Army Regulation 635-200,
Chapter 5, paragraph 5-17.  The commander stated that he recommended the
applicant receive an Entry Level Separation.  The commander informed the
applicant that she had a right to consult with counsel.  The applicant was
given seven duty days from the date of receipt of the memorandum to
respond.

9.  On 17 February 2005, the applicant acknowledged receipt of the
notification for separation.  She also signed her election rights verifying
that she was afforded the opportunity to consult with the Trial Defense
Service (TDS) office.  She admitted that she received the administrative
briefing concerning the basis of her separation, its effects, the rights
available to her, and the effect of a waiver of those rights.  The
applicant said “I hereby voluntarily, knowingly, and intelligently waive
the opportunity to speak with counsel.

10.  On 22 February 2005, the battalion commander approved the applicant’s
separation under the provisions of Chapter 5, paragraph 5-17.  The
commander stated that the Soldier’s term of service was uncharacterized
with the issuance of an Entry Level Separation.
11.  Army Regulation 635-200 (Active Duty Enlisted Administrative
Separations), Chapter 5, paragraph 5-17 states, in pertinent part, that
commanders who are special court-martial-convening authorities may approve
separation under this paragraph on the basis of other physical or mental
conditions not amounting to disability that potentially interfere with
assignment to or performance of duty.  A recommendation for separation must
be supported by documentation confirming the existence of the physical or
mental condition.  Separation processing may not be initiated under this
paragraph until the Soldier has been counseled formally concerning
deficiencies and has been afforded ample opportunity to overcome those
deficiencies as reflected in appropriate counseling or personnel records.

12.  Additionally, the same regulation states, unless the reason for
separation requires a specific characterization, a soldier being separated
for the convenience of the Government will be awarded a character of
service of honorable, under honorable conditions, or an uncharacterized
description of service if in entry-level status.

13.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement,
or Separation) states 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.

DISCUSSION AND CONCLUSIONS:

1. The records show that the applicant had a history of problems that
precluded her from attending and completing BCT.  After several weeks of
physical therapy for her lower back, the physical therapist concluded that
she did not appear to have the ability to tolerate the physical demands of
initial entry training and she was not a candidate for a medical board.

2.  Evidence of record further confirms that all requirements of law and
regulation were met and the applicant’s rights were fully protected
throughout the separation process.  The applicant’s enlistment physical
examination indicated that medical records were needed in order to
determine her status.  There is no medical evidence, and the applicant did
not provide any, that show the sole basis of her separation was due to her
lower back injury that occurred while on active duty.  Therefore, in view
of the facts in this case, the applicant’s discharge accurately reflects
her overall record of service.

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__PM ___  ___DG __  __RV ___  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.





                                  _____Patrick McGann_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000349                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061011                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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