IN THE CASE OF:	

		BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090011483


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 the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to "service connected disability."

2.  The applicant states he was discharged for a medical condition which resulted from an injury incurred during active duty.  He states the Department of Veterans Affairs (VA) has awarded him a disability rating of 50 percent.

3.  The applicant provides:

	a.  a copy of his DD Form 214; and

	b.  documents from the VA awarding him disability.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 January 2007.

2.  A DA Form 4707 (Entrance Physical Standards Board Proceedings), dated 8 August 2007, reveals immediately upon entering active duty, the applicant experienced serious shoulder pain and weakness in both arms when performing physical training.  This was followed by frequent crepitus and then by actual subluxation (dislocation).  The applicant was able to self-reduce the subluxation, but the problem became more frequent and more painful.

3.  The DA Form 4707 further provides that upon arrival at Fort Gordon, GA for military occupational specialty (MOS) training, the applicant sought medical treatment.  It was determined that his condition of hyperlaxity pre-existed his enlistment and that he would require some 12 months of rehabilitation.  Orthopedic surgeons concluded his condition was not compatible with rigorous military training and recommended he be separated.

4.  The applicant's chain of command initiated action to discharge him for failure to meet procurement medical fitness standards under the provisions of paragraph 5-11, chapter 5, Army Regulation 635-200.

5.  On 1 November 2007, the approving authority approved the applicant's discharge under the provisions of paragraph 5-11, Army Regulation 635-200.  He was subsequently honorably discharged on 26 November 2007 after serving 10 months and 9 days on active duty.  

6.  A shoulder subluxation is a temporary, partial dislocation of the shoulder joint. The shoulder is a ball and socket joint.  The ball of the upper arm bone (humerus) is held into the socket (glenoid) of the shoulder blade (scapula) by a group of ligaments.  If an individual has had a previous injury or if shoulder ligaments are naturally loose, he may sublux the shoulder doing simple activities like throwing a ball or putting on a shirt or jacket.

7.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons.  Chapter 5 states Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty may be separated.  Such conditions must be discovered during the first 6 months of active duty.  Such findings will result in an entrance physical standards board.

8.  Army Regulation 635-40 governs the evaluation of 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.  One of the criteria is that 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.


9.  Title 38, U. S. Code, sections 1110 and 1131, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant would like his DD Form 214 to indicate he was discharged by reason of a service-connected physical disability.

2.  The applicant entered the Army with a physical predisposition for multi-directional subluxation of both shoulder joints.  During routine physical training, he suffered bilateral subluxations on numerous occasions and ultimately sought medical help. 

3.  The applicant underwent an Entrance Physical Standards Board Proceedings on 18 July 2007.  That board found him unfit for continued service and he was ultimately discharged for a failure to meet physical procurement  standards.

4.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.  The VA may also apply its own standards of “reasonable doubt” concerning the service connection of a condition.  Such a decision does not impact on the Army’s determination that a medical condition existed prior to entering service and was not service aggravated.

5.  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:

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.




      _______ _  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)                                         AR20090011483



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ABCMR Record of Proceedings (cont)                                         AR20090011483



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