IN THE CASE OF:	  

		BOARD DATE:	    16 March 2010

		DOCKET NUMBER:  AR20090016518 


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 a medical discharge.

2.  The applicant states that she was given a medical diagnosis of Rhabdomyolosis, abnormal blood chemistry and limb swelling.  She adds that she was told that her medical condition existed prior to service (EPTS), but argues that she did not have the condition prior to her enlistment.  The applicant states that she was denied treatment while in basic training and was told by the doctors that they did not know how the condition started and therefore, did not know how to treat her. 

3.  The applicant does not provide any additional information in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that she enlisted in the United States Army Reserve (USAR) on 28 April 2009, apparently entered active duty (AD) that same date, and was discharged on 25 June 2009.  The applicant was credited with 1 month and 7 days of active duty service.  

2.  Item 24 of the applicant's DD Form 214 shows that she was separated        with an "Uncharacterized" character of service.  The separation authority is   listed as Army Regulation 635-200, paragraph 5-11 by reason of failed medical/physical/procurement standards.

3.  There were no medical records available to the Board and the applicant did not provide any medical records.  

4.  Internet site www.nlm.nih.gov/medlineplus/ency/article/000473.htm indicates that rhabdomyolysis is the breakdown of muscle fibers resulting in the release of muscle fiber contents into the blood stream.  Most cases of rhabdomyolysis are  caused by damage to skeletal muscle (trauma) or hereditary enzyme problems (genetic defect).

5.  Army Regulation 635-200 states, in pertinent part, that 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 AD or active duty for training (ADT) for initial entry training, may be separated.  Such conditions must be discovered during the first 6 months of AD.  Such findings will result in an entrance physical standards board.  This board, which must be convened within the Soldier’s first 6 months of AD, takes the place of the notification procedures required for separation under this chapter.

6.  The same regulation states that medical proceedings, regardless of the date completed, must establish that a medical condition was identified by an appropriate military medical authority within 6 months of the Soldier’s initial entrance on AD for Regular Army (RA) or during initial entry training for Army National Guard (ARNG) and USAR Soldiers that: (1) Would have permanently or temporarily disqualified the Soldier for entry into the military service or entry on AD or ADT for initial entry training had it been detected at that time; and (2) Does not disqualify the Soldier for retention in the military service per Army Regulation 40–501, chapter 3.

7.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  In pertinent part, it states that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service.  Examples are congenital malformations and hereditary conditions or similar conditions in which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusion that they existed prior to military service.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant states that she was diagnosed as having rhabdomyolysis and was told that her medical condition existed prior to service.  As indicated on the internet, rhabdomyolysis can either be caused by trauma or a genetic defect.   The applicant has provided no medical evidence that a trauma was the cause of her condition and as such, it is reasonable to conclude that her condition of  rhabdomyolysis was likely related to genetics. 

2.  Furthermore, the applicant's argument that her condition did not exist when she entered the Army does not negate the fact that she was found disabled due to a preexisting medical condition.  As stated in the regulation above, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service.

3.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial creditable evidence to rebut the presumption.  In this case, the applicant has failed to provide sufficient creditable evidence to rebut this presumption.  In view of all of the foregoing, and in the absence of documentary evidence to the contrary, the preponderance of the evidence indicates that the applicant was properly and equitably discharged based on a medical condition EPTS. 

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:

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)                                         AR20090016518





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ABCMR Record of Proceedings (cont)                                         AR20090016518



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