RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 DECEMBER 2006
      DOCKET NUMBER:  AR20060003084


      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. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael 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 the narrative reason for her
separation be changed from unsatisfactory performance to a medical
discharge.  Additionally, she requests that the spelling of her middle name
be corrected, the training for postal skill identifier of F5 be shown in
item 14 of her DD Form 214 (Certificate of Release or Discharge from Active
Duty), and her social security number be placed on her discharge
certificate.

2.  The applicant states that since she suffered from a service-connected
injury, the narrative reason of “unsatisfactory performance” listed on her
separation document is an injustice.  She maintains that the DD Form 2173,
(Statement of Medical Examination and Duty Status) verified her injury;
however, no one in the command took the time to correct the narrative
summary listed on her DD Form 214.  The applicant states the medical
examiner listed on the DA Form 2173, believes that her condition originated
in basic training as shin splits and was elevated to tibia bilateral stress
fractures in both legs as a result of continuous physical training.  As a
result, she was separated from the Army for failure to pass the Army
Physical Fitness Test (APFT).  The applicant argues that the fact she
received an honorable discharge and a recommendation from her commander is
sufficient justification to change her separation document.

3.  The applicant provides a copy of her DD Form 214, Honorable Discharge
Certificate, self-authored statement, reference letter, DD Form 2173, and
separation packet.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 September 2001.  The application submitted in this
case is dated 13 February 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.


3.  The applicant’s record shows she enlisted in the Regular Army on
         15 September 2000 for a period of 4 years.  She was discharged on
                   24 September 2001 after serving 1 year and 10 days with
an Honorable Discharge Certificate.

4.  The applicant’s DD Form 214 shows her middle name as “Therrond.”  Item
11, “Primary Specialty” lists 71L10 F5 (Postal Operations).  Item 14 of the
applicant’s DD Form 214, “Military Education” lists “Administrative
Specialist, 8 weeks, December 2000.”  This form also shows that the
applicant was separated for unsatisfactory performance.

5.  The applicant’s discharge certificate shows that she was honorably
discharged from the United States Army on 24 September 2001.  The
applicant’s social security number is not listed on this document.

6.  On 5 June 2001, the applicant was counseled by her platoon sergeant for
failure to achieve a passing score on the APFT.  The counseling form stated
that the applicant failed the 2-mile run and as a result, she will be
enrolled in the Special Population Physical Training Program.
Additionally, the counseling form explained that it was the applicant’s
third record APFT failure and she was scheduled to retake the APFT on 19
June 2001.  If the applicant failed the APFT, it would result in the
platoon sergeant recommending her for separation action under chapter 13,
unsatisfactory performance.  The applicant initialed and signed the
counseling form indicating that she agreed with the information contained
on the form.

7.  On 19 June 2001, the applicant was counseled on her failure of the 2-
mile run on the APFT.  The applicant was advised, by her platoon sergeant,
that her chapter 13 paperwork would be forwarded for her separation from
the service.  The applicant initialed and signed the counseling form on 25
June 2001 indicating that she agreed with the information contained on the
counseling form.

8.  On 9 July 2001, the applicant underwent a mental status evaluation.
The evaluation shows that the applicant’s behavior was normal and she was
fully alert.  The applicant was psychiatrically cleared for administrative
action deemed appropriate by the command.





9.  On 10 July 2001, the applicant signed a form stating that she underwent
a medical examination in conjunction with her induction physical on or
about        21 July 2000 at Baltimore Military Entrance Processing
Station.  She said to the best of her knowledge there has been no
significant change in her medical condition since the accomplishment of
that medical examination.

10.  On 18 July 2001, the applicant was notified of the acting commander’s
intent to separate her under Army Regulation 635-200, chapter 13,
unsatisfactory performance.  The applicant’s failure of more than two
consecutive APFTs was cited as the acting commander’s reason for the
separation action.

11.  On 26 July 2001, the applicant acknowledged being advised by her
consulting counsel concerning her separation for unsatisfactory
performance.  The applicant elected to submit a statement on her behalf.
In her statement the applicant explained that she was required to take a
diagnostic APFT prior to attending basic training in which she failed to
obtain a passing score in the 1-mile run and was sent to a Fitness Training
Camp.  After five or six tries, the applicant finally passed the 1-mile run
and was sent to basic training.  While in basic training and advanced
individual training, the applicant said she experienced the same
difficulties running.  However, she eventually passed the APFT and was sent
to Charlie Company, Training Support Battalion, to earn her F5 skill
identifier.  The applicant said two weeks after her arrival at Charlie
Company, she was informed that her APFT card was lost.  After an extensive
search to no avail, she was allowed to continue training but, was informed
by her commander that she would have to pass an APFT prior to graduating.
The applicant concluded “I will continue to workout, slack up on food, and
do whatever it takes because I know within my heart that I can pass this
test and I refuse to give up on me.”

12.  On 1 August 2001, the commander of Charlie Company, recommended that
the applicant be separated from the Army under chapter 13, unsatisfactory
performance.  The commander stated that the applicant had several
opportunities, without success, to pass the APFT and was given several
counseling statements.

13.  On 1 August 2001, the trial counsel for the Judge Advocate General
(JAG) verified that the applicant’s separation packet met all the
requirements set forth in the regulation and there was no legal objection.




14.  On 8 August 2001, the commander of Headquarters, Training Support
Battalion, Fort Jackson, South Carolina, approved the recommendation for
separation under the provisions of AR 635-200, chapter 13.  He directed
that the Soldier’s service be characterized as honorable.

15.  The DA Form 2173, dated 24 August 2001, shows that the applicant was
examined on 13 August 2001 as an outpatient for an injury that occurred on
      1 July 2001.  The form indicated that the injury was incurred in the
line of duty.  The examiner stated that the injury was “presumptive” based
on medical records and the applicant’s statement.  The form shows that
during July 2001, while the applicant was stationed at Fort Jackson, South
Carolina, she developed stress fractures of both lower legs.  The form
indicated that the applicant aggravated a pre-existing condition from basic
training of shin splits while participating in company physical training
and by running on her own to meet APFT standards.  “The Soldier is
currently pending separation for failure to meet APFT standard.”  The
examiner stated that he could not pin point a time or date that
specifically caused the Soldier’s current condition.

16.  The applicant’s medical records show that she was seen on 3 October
2000, 10 October 2000, 13 October 2000, and 8 December 2000 for complaints
of knee pain and or shin splits.  In most cases, she was treated with anti-
inflammatory medications, ice pack, ice massage, temporary 2 to 4 day
profiles, and follow-up treatments.  On 14 May 2001, the applicant was also
seen for falling on her left knee.  She was given a 7 day profile that
prohibited her from physical activities, standing over 40 minutes, and
lifting or carrying over 15 pounds.

17.  On 18 September 2001, the applicant’s commander provided a character
reference letter in which she stated that the applicant performed her
assigned duties in a truly efficient, reliable and professional manner.
The commander expounded on the applicant’s professionalism and said that
the applicant was most worthy of sincere consideration for future careers
and challenges.

18.  The applicant’s DA Form 2-1 (Personnel Qualification Record) show her
middle name as “Therrond.”  However, her enlistment contract, high school
graduation certificate, Servicemembers’ Group Life Insurance (SGLI), and
security clearance application show her middle name as “Ther Ronda.”

19.  Army Regulation 635-200 provides the policy and sets forth the
procedure for administrative separation of enlisted personnel.  Chapter 13,
provided, in pertinent part, for the separation of a Soldier when it is
determined that he/she is unqualified for further military service because
of unsatisfactory performance. Paragraph 13-2e states that initiation of
separation proceedings is required for Soldiers without medical limitation
who have two consecutive failures of the APFT.  The service of Soldiers
separated because of unsatisfactory performance will be characterized as
honorable or under honorable conditions as warranted by their military
records.

20.  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 interrupted and they can
no longer continue to reasonably perform because of a physical disability
incurred or aggravated in service.  When a Soldier is being processed for
separation for reasons other than physical disability, continued
performance of assigned duty commensurate with his or her rank or grade
until Soldier is scheduled for separation, is an indication that the
individual is fit.

21.  Army Regulation 635-5 (Personnel Separations) established standardized
procedures for preparation and distribution of the DD Form 214.  The
regulation states, in pertinent part, to list formal in-service (full-time
attendance) training courses successfully completed during the period of
service covered by the DD Form 214, in item 14 include title, length in
weeks, and year completed. This information is to assist the Soldier in job
placement and counseling; therefore, do not list training courses for
combat skills.

22.  That same regulation provides for the preparation of the DD Form 256A
(Honorable Discharge Certificate).  Paragraph 2-10 states that discharge
certificates are issued to all Soldiers receiving an honorable or general
discharge.  In the space under "this is to certify that," enter the name,
typed in capital letters in signature order, followed by the grade and
career branch (officer) or component (enlisted).  (Do not include a
Soldier's social security number).

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, which
shows that she had any medical problems at the time of her separation.  The
applicant signed a form waiving her rights to a medical examination.  She
stated that to the best of her knowledge there was no significant change in
her medical condition since her induction physical.  Additionally, her
mental evaluation, conducted by competent medical authority, determined
that she was psychiatrically cleared for administrative action deemed
appropriate.

2.  The elimination proceedings verified that the applicant was afforded
due process.  She was given an opportunity to raise any issues she deemed
appropriate during her separation processing and she elected to make a
statement on her behalf.  In the applicant’s statement, she made no mention
of a “pre-existing” condition which had been aggravated by physical fitness
training as justification of her failure of the APFT and subsequent
separation.  The applicant has failed to submit evidence that the narrative
reason for her separation “unsatisfactory performance” is in error or
unjust.

3.  The applicant's enlistment contract, SGLI, and security clearance
application verify the correct spelling of her middle name.  Therefore, the
applicant’s records should be corrected to show her middle name as "Ther
Ronda.”

4.  There is no evidence, and the applicant has not provided any, to show
that she successfully completed the Postal Operations Course.  The Board
notes that the additional skill identifier F5 is listed as part of the
applicant’s primary specialty; however, without a certificate verifying the
course title, number of weeks, and month and year completed, there is no
basis to correct her DD Form 214.

5.  Additionally, the regulation as cited above verifies that the
applicant’s social security number should not be listed on her discharge
certificate.  Therefore, the applicant’s discharge certificate is correct
as constituted.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 September 2001; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    23 September 2004.  The applicant did not file
within the 3-year statute of limitations; however, based on the available
evidence or argument, it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JS___  ___LE __  ___MF __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing her middle name
as “Ther Ronda.”

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing her narrative reason for separation, adding F5 in item 14 of her
DD Form 214, and adding her social security number on her Honorable
Discharge Certificate.




                                  ______  John Slone_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003084                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061214                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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