IN THE CASE OF:	   

		BOARD DATE:	        16 December 2008

		DOCKET NUMBER:  AR20080016176 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her service medical records be amended.

2.  The applicant states, in effect, that her medical records should be corrected to show her ankle injury was the original reason for her being sent to obtain medical care, that she was placed under the care of a psychiatrist without her knowledge, and that she was placed on anti-depressants when she was told the medication was for her ankle pain.  She also points out that she never had a history of psychiatric/mental illness.

3.  In a 16 September 2008 letter to a Member of Congress, the applicant states that she severely injured her left ankle in basic combat training.  She contends that she was taken to the hospital, that her ankle was x-rayed, and that she was told that the x-ray would not show anything due to the severity of the swelling and tissue damage.  She states that she was sent to medical quarters for one week, that she performed physical therapy, and that she was sent back to her basic combat training company for one week before she was sent to see a doctor.  While under the doctor's care she was asked questions about her physical well being, her past history, and family problems.  She states that she was prescribed a pain killer for her ankle injury and she later learned it was an anti-depressant which had an adverse effect on her (irritability, memory impairment, and mood swings).  She claims that after a week the doctor told her that she was going to start her discharge paperwork, that she needed time to let her ankle heal since it was going to take more time than they allowed, and that the doctor stated that she would be able to reenlist after six months to a year once her ankle was healed and she was found fit for duty.  She indicates that once the paperwork was completed the doctor told her what the paperwork entailed and that she was going to be discharged because of her ankle.  She claims that she trusted the doctor, that she was under the influence of the medication the doctor had prescribed so she was not thinking clearly, and that she signed the paperwork without reading it.  Later, after her ankle healed she went to see a Navy recruiter and was told she could not enlist.  She indicates that she is outraged at the blatant falsehoods that were written about her in the paperwork and her state of mind.  She states that she never had any mental conditions and that she has never been to a psychologist.

4.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty); a diploma; a Social Security card; a letter, dated 16 September 2008, to a Member of Congress; a DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings); service medical records; and a letter, dated 22 September 2008, from a Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 15 March 2007 for a period of 3 years and 19 weeks.

2.  On 2 May 2007, an EPSBD diagnosed the applicant as having a major depressive disorder (recurrent) which existed prior to service.  The EPSBD found the applicant medically unfit for enlistment in accordance with current medical fitness standards and determined that her major depressive disorder existed prior to service.  The EPSBD recommended that the applicant be separated from the Army for failure to meet medical procurement standards.  On 9 May 2007, in her own hand, the applicant concurred with the proceedings and requested to be discharged from the U.S. Army without delay.  The unit commander recommended discharge and the discharge authority directed that the applicant be discharged from the Army.  Her physical profile was 111113.

3.  The applicant was discharged on 18 May 2007 with an uncharacterized discharge under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-11, for failed medical/physical/procurement standards.  She had served a total of 2 months and 4 days of creditable active service.

4.  There is no contemporaneous medical evidence of record which shows the applicant sustained an ankle injury during basic combat training.

5.  Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing and if reclassification action is warranted.  Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES):  
P-physical capacity or stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric.  Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.  Numerical designators "2" and "3" indicate that an individual has a medical condition or physical defect which requires certain restrictions in assignment within which the individual is physically capable of performing military duty.  The individual should receive assignments commensurate with his or her functional capacity.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were noted.  However, in 2007 an EPSBD found the applicant medically unfit for enlistment in accordance with current medical fitness standards and determined that her major depressive disorder existed prior to her entry into military service.  The applicant concurred with these proceedings and requested to be discharged from the Army without delay.  She provides no evidence to show she did not know what she was signing.
 
 2.  Although the applicant contends that she sustained an ankle injury during basic combat training, there is no medical evidence of record to support this contention.  Her physical profile on 2 May 2007 was "1" under lower extremities.

3.  In the absence of compelling evidence to the contrary, there is no basis for granting the applicant's request to amend her service medical records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X_____  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.



      _______XXX__________________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080016176



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ABCMR Record of Proceedings (cont)                                         AR20080016176



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