RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 July 2007
	DOCKET NUMBER:  AR20070001825 


	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.  


Ms. Catherine C. Mitrano

Director

Ms. Antoinette Farley

Analyst


The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. David K. Haasenritter

Member

Ms. LaVerne M. Douglas

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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by changing her uncharacterized discharge to an honorable discharge.

2.  The applicant states, in effect, that she suffered a femoral neck fracture during Basic Combat Training (BCT) while on active duty.  

3.  The applicant provides copies of her DD Form 214, Medical Evaluation Board (MEB) proceedings, and PEB Proceedings in support of this application.  

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant entered the Regular Army on 26 April 2006 for a period of three years.  The applicant's record shows that she did not complete basic combat training due to a medical injury and was therefore, assigned no military occupational specialty.  The highest rank she attained while serving on active duty was private/pay grade E-2. 

2.  On 15 August 2006, the applicant was evaluated by an MEB and was diagnosed as having left leg pain and a post tension-sided left femoral neck stress fracture.  The applicant's case was referred to a PEB.  

3.  On 25 August 2006, the applicant was placed on permanent profile for left leg pain.

4.  On 18 September 2006, the applicant concurred with the findings of the PEB which found her physically unfit due to chronic left hip pain with onset about 1 June 2006, during BCT.  Radiographs show the applicant had a femoral neck non-displaced stress fracture.  The applicant's imaging shows good position and healing of the fracture; however, the exam shows she still had essentially full but painful motion.  The finding continues that the applicant's hip pain and profile prevent her return to training.  

5.  The PEB recommended that the applicant be separated from the service with severance pay and a zero percentage rating.  The VA Schedule for Rating Disabilities (VASRD) assigned Code 5099 and Code 5003.  The applicant concurred with the findings and recommendations of the PEB and waived a formal hearing of her case.  

6.  The applicant was discharged on 26 September 2006 under the provisions of Army Regulation 635-40, paragraph 4-24b(3) based on a physical disability with severance pay.  The applicant completed 5 months and 1 day of active military service.  

7.  Item 24 on the applicant’s DD Form 214 shows the entry “Uncharacterized.”  

8.  Item 25 on the applicant’s DD Form 214 shows the entry “AR 635-40, Para 
4-24b(3).”  

9.  Item 28 (Narrative Reason for Separation) on the applicant's DD Form 214 shows "Disability - Severance Pay."

10.  The applicant provided medical documents which show she was found unfit for duty by the PEB and approved for separation from active duty with severance pay due to a disability with zero percent rating on 18 September 2006.

11.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  Under the laws governing the Army Physical Disability Evaluation system, Soldiers who sustain or aggravate physically unfitting disabilities must meet several line-of-duty criteria to be eligible to receive retirement and severance pay benefits.  The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or was the proximate cause of performing active duty or inactive duty training.  

12.  Chapter 5–5 (Action by commander authorized to effect discharge) of Army Regulation 635-40, states that a. Commanders authorized to effect the discharge of Soldiers under provisions of this chapter will effect such discharge expeditiously.  b. Unless otherwise indicated, if the Soldier is in entry level status at the time of processing, a DD Form 214 may describe service as uncharacterized in chapter 3 of Army Regulation 635-200 (Personnel Separations).  

13.  Appendix E, paragraph E-12b (Type discharge certificate issued) of Army Regulation 635-40, states that service of enlisted Soldiers discharged by reason of physical disability normally will be characterized as honorable, or described as uncharacterized for those in entry level status.  However, characterization of general under honorable conditions is authorized for Soldiers beyond entry level status whose service is satisfactory, but not sufficiently meritorious to warrant honorable characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she is entitled to correction of her records to show that she was honorably discharged from military service.

2.  The applicant's records show that on 18 September 2006, she was found physically unfit due to chronic left hip pain with onset about 1 June 2006, during BCT and also sustained a femoral neck non-displaced stress fracture.  Evidence further shows that these injuries were sustained while in the line of duty and rendered her unfit to perform her duties and future military assignments.

3.  The applicant clearly did not complete more than 180 days of continuous active service.  As a result, the applicant's DD Form 214 is correct as currently constituted and there is no basis to grant the applicant's request to amend her discharge document to show an honorable discharge instead of an uncharacterized discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LMD___  ___DKA__  __JS___  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.




_John Slone____
          CHAIRPERSON



INDEX

CASE ID
AR20070001825
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
UNCHAR
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR 635-40 ch 4-24B(3)
DISCHARGE REASON
disability, severance pay
BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.