IN THE CASE OF:
BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100016567
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 reconsideration of her previous request for correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was medically discharged.
2. The applicant states, in effect, she injured her foot in October 2008 [while on active duty] when she tripped and fell while running and eight to ten people landed on her. She further states she did not receive proper medical care while in the Army.
3. As new evidence the applicant provides a Social Security Administration (SSA) decision record.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20090017473, on 22 April 2010.
2. The applicant submitted a copy of her SSA decision record which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
3. The applicant's records show she enlisted in the Army National Guard on 26 April 2008. She subsequently entered active duty for training on 7 October 2008.
4. Her records contain an unsigned copy of a DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 7 November 2008, that shows she underwent an entrance physical examination and was diagnosed as having bilateral subtalar joint fusions that existed prior to service. This form states she 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 her medically unfit for enlistment in accordance with current medical fitness standards and determined her bilateral subtalar joint fusions existed prior to service. The evaluating physicians recommended she be separated for not meeting the entrance standards of Army Regulation 40-501 (Standards of Medical Fitness).
5. Her DD Form 214 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.
6. The applicant provided a decision record from the SSA, dated 15 April 2010, wherein it states, in part, "the claimant has been disabled since 23 October 2008, and her disability continues at least through the date of this decision" and "Medical improvement is expected with appropriate treatment. Consequently, a continuing disability review is recommended in 12 months."
7. 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 Soldiers 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. Entry level status is defined as the first 180 days of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that in November 2008 an EPSBD found the applicant medically unfit for enlistment in accordance with current medical fitness standards and determined 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 she concurred with the recommendation of the EPSBD and requested discharge from the Army without delay. Therefore, there is no basis for granting the applicants request for a medical discharge.
3. A disability decision rendered by another agency does not establish an error exists in the Army's discharge decision. Operating under different laws and their own policies, the SSA does not have the authority or the responsibility for determining an individual's medical fitness for military service or whether the disability existed prior to entry into active duty.
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 to amend the decision of the ABCMR set forth in Docket Number AR20090017473, dated 22 April 2010.
_______ _ 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) AR20100016567
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ABCMR Record of Proceedings (cont) AR20100016567
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