BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090017473 


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:

* she received an uncharacterized discharge that occurred during basic training
* she had a medical examination by a doctor in an orthopedic clinic prior to her enlistment and she had an induction physical both of which she passed 
* she had a minor injury in 2001 and an orthopedic doctor stated she had recovered and was at 100 percent strength and had use of her feet
* she was injured in October 2008 while drilling (they were running with their back packs over their heads when she tripped and fell and approximately 8 to 10 people landed on top of her) and this injury caused the damage to her feet
* she was not given proper medical treatment while in the Army
* she was released from the hospital without proper care
* she must now live with the mistakes the Army made   

3.  The applicant provides a letter, dated 13 September 2009, from an orthopedic doctor. 




CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard on 26 April 2008 for a period of 8 years.  She was ordered to active duty on 7 October 2008 for training.

2.  The facts and circumstances surrounding the applicant’s discharge are not contained in the available records.  However, an unsigned copy of a DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 
7 November 2008, shows the applicant underwent an entrance physical examination and was diagnosed as having bilateral subtalar joint fusions that existed prior to service (EPTS).  This form states the applicant complained of severe pain to her feet and ankles since her arrival at Fort Leonard Wood, she suffered a softball injury that damaged her left foot in 2001, and she had six surgeries performed.  The evaluating physicians found the applicant medically unfit for enlistment in accordance with current medical fitness standards and determined that her bilateral subtalar joint fusions existed prior to service.  The evaluating physicians recommended that the applicant be separated for not meeting the entrance standards of Army Regulation 40-501 (Standards of Medical Fitness).

3.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was released from active duty on 2 December 2008 under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet procurement medical fitness standards.  Her character of service was uncharacterized.  She served a total of 1 month and 26 days of creditable active service. 

4.  In support of her claim, the applicant provided a letter, dated 13 September 2009, from an orthopedic doctor.  He states:

* he began seeing the applicant in 2001 when she was 11 years old for a symptomatic tarsal coalition of her left foot
* she underwent triple arthrodesis procedure on her left foot in 2005
* she had an uneventful recovery regaining full activity without any hindrance whatsoever before entering military service
* during the course of her military training she suffered bilateral plantar fascial ruptures along with coincident cold exposure
* the applicant was misdiagnosed during the course of her treatment
* although the applicant has made progress in the course of her recovery under his care since leaving military service she will have ongoing permanent impairment and sequelae related to her injuries sustained during her military training 

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provides 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 entrance on active duty or active duty training or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry level status.  

6.  Army Regulation 635-200 states that a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status.  Entry level status is defined as the first 180 days of continuous active duty.  

7.  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.  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.   

8.  Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were noted.  However, it appears that in 2008 an EPSBD found the applicant medically unfit for enlistment in accordance with current medical fitness standards and determined that her bilateral subtalar joint fusions existed prior to her entry into military service.  



2.  In the absence of evidence to the contrary, it must be presumed the applicant concurred with the recommendation of the EPSBD and requested discharge from the Army without delay.  Therefore, there is no basis for granting the applicant’s request for a medical discharge.

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)                                         AR20090017473





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ABCMR Record of Proceedings (cont)                                         AR20090017473



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