IN THE CASE OF:	  

		BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20080020051 


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 that her Military Occupational Specialty (MOS) Medical Review Board (MMRB) proceedings be corrected to reflect her compartmental syndrome occurred during the second physical fitness test while attending the Basic Noncommissioned Officer Course (BNCOC).

2.  The applicant states that wording was left out of the final MMRB decision that reflects her compartmental syndrome occurred during the second physical fitness test while attending BNCOC.  She goes on to state that the issue was discussed by telephonic conversation when the board called her; however, it was left out of the proceedings.  She further states that she is encountering difficulty with the Department of Veterans Affairs and needs the records to reflect that her condition/injury occurred while attending BNCOC. 

3.  The applicant provides a copy of her MMRB review and copies of medical treatment records, a copy of her physical profile, and a copy of her BNCOC Academic Evaluation Report.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the United States Army Reserve (USAR) in Baltimore, Maryland on 14 January 1986 for a period of 8 years, training as a food service specialist and a cash enlistment bonus.  She successfully completed her training and remained in the USAR through a series of continuous reenlistments.  She was promoted to the pay grade of E-6 on 19 June 2000.

3.  She attended BNCOC at Fort Indiantown Gap, Pennsylvania from 16 August to 28 August 2003 and was issued a DA Form 1059 (Service School Academic Evaluation Report) reflecting that she passed the Army Physical Fitness Test in August 2003 and that she achieved course standards.

4.  Beginning in November 2003, the applicant began to seek treatment at an orthopedic and sports medicine center for an orthopedic evaluation of her bilateral tibia/fibia.  She stated that she had problems with her calves off and on for over 15 years, that in August 2003 she attended a military school, and that since that time her pain had gotten worse.  The examining physician's impression at that time was to rule out exertional compartment syndrome.  In December 2003, she was again seen by the same physician and the physician's impression at that time was "Possible Exertional Induced Compartment Syndrome."  She was again seen in June 2004 and the same physician again stated that the impression was the applicant had "Possible Exertional Induced Compartment Syndrome."

5.  Meanwhile, in April 2004, the applicant was issued a permanent physical profile of 113111 for a medical condition of Bilateral Leg Compartmental Syndrome which also indicated that she required an MMRB.

6.  On 21 December 2004, the applicant was notified that she was required to appear before an MMRB in Coraopolis, Pennsylvania between 8 and 
10 February 2005.  

7.  The board proceedings are not present in the available records.  However, the documents provided by the applicant shows an MMRB convened on 8 February 2005 and evaluated her case.  The applicant was contacted telephonically and it was determined that she was not fully capable of performing her wartime tasks and specialty with her condition of compartmental syndrome in both legs.  The board recommended that she be referred for the appropriate medical evaluation process.

8.  The available records do not show what occurred after the MMRB; however, they do show that, on 4 August 2005, orders were published releasing the applicant from her current assignment due to being medically disqualified - not as a result of own misconduct and transferring her to the Retired Reserve, effective 4 August 2005.

9.  On 15 January 2009, the applicant was issued her Notification of Eligibility for Retired Pay at Age 60 (Selected Reserve 15-Year Letter).

10.  A review of the evidence submitted by the applicant and her Official Military Personnel File (OMPF) failed to show that competent medical authorities determined the onset of the applicant's condition (compartmental syndrome in both legs) occurred while attending BNCOC or that it was caused by her attendance at BNCOC.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that her condition was caused by or surfaced while attending BNCOC is not in doubt, there simply is no evidence in the available records or the documents submitted by the applicant that shows competent medical authorities made such a determination.

2.  It is also noted that the applicant had been experiencing associated problems for the past 15 years; however, there is no evidence submitted or in the OMPF which shows that she sought treatment for her condition while attending BNCOC.  In fact, it appears that she did not seek treatment until 3 months after completing BNCOC. 

3.  Accordingly, it would be inappropriate to make a determination that her condition was caused by or occurred as a result of her attendance at BNCOC without a determination by competent medical officials.

4.  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

____X___  __X_____  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of her service in arms.



      _______ _   _X______   ___
               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)                                         AR20080020051



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ABCMR Record of Proceedings (cont)                                         AR20080020051



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