IN THE CASE OF:	  

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100022568 


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, in effect, a medical discharge.

2.  He states that while in basic training he was severely injured during a 
10-kilometer (km) foot march.  He reached the destination, collapsed, and was taken to Martin Army Community Hospital.  He had completed 6 weeks of training to include the repel tower rope crawl; physical training; obstacle course; 3-km, 5-km, and 8-km foot marches, two field training exercises, etc.  If he had a pre-existing problem he would not have been able to complete those tasks.  He believes the type of discharge is in error because he fell with his 90-pound field sack and injured his back severely.  He is in constant pain.  He was injured in training.  He had no problems before his enlistment.  He underwent the Military Entrance Processing Station testing and passed.

3.  He provides:

* DA Form 705 (Army Physical Fitness Test Scorecard)
* U.S. Army Recruiting Command Form 1137 (The United States Army Recruiting Command Future Soldier Pre-Execution Checklist)
* two Fort Benning sick slips
* DA Form 3349 (Physical Profile)
* DA Form 2697 (Report of Medical Assessment)
* DA Form 1856 (Developmental Counseling Form)
* DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings)

* Individual Training Record-Basic Combat Training
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* two Consult Requests
* Progress Notes
* Initial Evaluation-Physical Therapy

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provides no request, statement, or additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was found qualified and enlisted in the U.S. Army Reserve Delayed Entry Program for 8 years on 8 January 2010.  He enlisted in the Regular Army in pay grade E-1 on 26 April 2010 for 4 years.

2.  On 3 and 7 June 2010, he was issued sick slips for extreme back pain and shakes.

3.  On 7 June 2010, he was given a physical profile with a PULHES profile of 311111 for a condition of back pain that existed prior to service (EPTS).  He was given assignment limitations and the profile was determined to be temporary.  The form noted he had an EPTS condition that was disqualifying for enlistment.  An Entrance Physical Standards Board (EPSBD) was initiated.  Training was ordered to be stopped at that time to avoid unintended injuries.

4.  A DA Form 2697, dated 7 June 2010, reported that all of his medical concerns were evaluated and treated for the purpose of separation.

5.  On 11 June 2010, he received counseling for his event-oriented injury and his separation from the Army due to a physical injury in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11 (EPTS).  On the same day, he acknowledged his separation was due to an injury and not a disease.

6.  On 14 June 2010 during his 6th week of basic combat training, he underwent an EPSBD for low back pain.  He was diagnosed with degenerative disc disease. 
The board proceedings show he complained of worsening low back pain over the past week after carrying his ruck sack and falling in a hole and twisting his back.  His pain was severe with all movement with minimal change noted with medications.  The x-rays revealed degenerative disc changes.  The EPSBD recommended that he be separated from the Army for failure to meet medical procurement standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 2, paragraph 2-10b(7).  The EPSBD noted he did not receive a waiver for the above diagnosis upon entering the Army.

7.  On 28 June 2010, he waived his right to counsel, concurred with the EPSBD's findings, and requested discharge from the Army without delay.

8.  He was discharged in pay grade E-1 on 6 July 2010 under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of failure to meet procurement medical fitness standards.  His character of service was uncharacterized.  He was credited with completion of 2 months and 11 days of net active service.

9.  He provided two Consult Requests which show he was seen as an outpatient for treatment for worsening service-connected back pain on 11 August 2010.  He also provided an Initial Evaluation-Physical Therapy form which shows he required outpatient physical therapy for his impairment.

10.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who are 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, active duty for 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 6 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 that 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 the regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.  Army Regulation 635-200 states a Soldier is in an entry-level status if the Soldier has not completed more than 180 days (6 months) of creditable continuous active duty prior to the initiation of the separation action.

11.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) according to the provisions of Title 10, U.S. Code, chapter 61, and Department of Defense Directive 1332.18.  It sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations.  Soldiers are referred into the PDES system when they no longer meet medical retention standards in accordance with Army Regulation 40-501, chapter 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant underwent an EPSBD and was diagnosed with degenerative disc disease within 6 weeks of his voluntary enlistment.  The EPSBD determined he did not receive a waiver for the condition upon entering the service and his condition EPTS.  The x-ray evidence substantiated his EPTS condition.  The EPSBB recommended that he be separated from the Army for failure to meet medical procurement standards.

2.  He concurred with the findings of the EPSBD and requested immediate discharge from the Army.  Since his medical condition was not medically unfitting for retention in accordance with Army Regulation 40-501, there was no basis for medical retirement or separation.

3.  The disposition of Soldiers who are found not to meet the Army's procurement medical fitness standards is through administrative separation and not through the Army's PDES.  As such, he was properly and equitably discharged in accordance with the regulations in effect at the time.  No evidence of arbitrary or capricious actions by the command was found.  It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4.  He provided insufficient evidence and there is no evidence of record to support his contention he should have received a medical discharge.

5.  In view of the foregoing, there is no basis for granting his request.

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 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)                                         AR20100022568



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ABCMR Record of Proceedings (cont)                                         AR20100022568



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