IN THE CASE OF:	  

		BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110008148 


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 his narrative reason for separation be changed from completion of required active service to a medical retirement.  

2.  He states he had medical conditions that prevented him from completing his Army Physical Fitness Test (APFT).  As a result, he couldn’t make rank.  He feels that if he had been able to complete his APFT requirements, he would have made rank and should have been medically retired.  

3.  He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), DA Form 3349 (Physical Profile), and numerous medical documents.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 21 September 1999.  He completed the required training and was awarded military occupational specialty 92G (Food Service Operations).  The highest rank/pay grade he attained while on active duty was specialist/E-4.  However, at the time of his discharge he held the rank/pay grade of private first class/E-3.  

2.  His Standard Form 513 (Consultation Sheet), dated 17 July 2000, shows he had a physical therapy consultation for low back pain.  The consultation report indicated he had complained of low back pain since advanced individual training.  


3.  He served in Bosnia (15 September 2001 to 22 March 2002), Afghanistan (5 June to 5 September 2002, Korea (21 July 2003 to 17 February 2005), and Kuwait/Iraq (11 August 2005 to 25 July 2006 and 6 September 2007 to 25 October 2008).  

4.  In August 2008, he was referred to a civilian orthopedist for upper and lower back pain.  The orthopedist recommended the applicant get some blood tests to screen for inflammatory problems.  The orthopedist stated he would consider a CT [computed tomography] scan of the lumosacral spine for evaluation of possible pars defect, but doubted very much if he had a pars defect.  

5.  His Standard Form 600 (Chronological Record of Medical Care), dated 13 November 2008, shows he was medically evaluated for lower back pain.  He gave a history of back injury 5 years earlier when he accidentally fell from a mobile kitchen trailer.  This medical document revealed the following:

	a.  the applicant stated he had lower back pain for the past 6 years.  He fell onto a fire extinguisher, had tingling in his toes, but not in his legs.

	b.  previous x-rays of the L-spine showed spondylolysis [a specific defect in the connection between vertebrae] of the pars interarticularis at L5.  

	c.  lumbosacral spine exhibited a normal appearance and motion was normal.  Palpation of the lumbosacral spine revealed no abnormalities.  Lumbosacral spine exhibited no muscle spasms, no step deformity, and no unstable fracture site.  The lumbosacral spine pain was not elicited by motion.  A straight-leg raising was negative but did cause back pain and stretching.

	d.  the examining physician indicated the applicant was released with work/duty limitations.

6.  On 13 November 2008, he was placed on a permanent profile for low back pain, L5 [lumbar vertebrae] spinal fracture with a physical profile of 122111.  His DA Form 3349 shows in:

   a.  block 6 (Army Physical Fitness Test (APFT)), he was unable to do the 
2-mile run, but he was able to do sit-ups and push-ups and alternate APFT events of walking, swimming, or biking.  

	b.  block 10 (Other), the profiling officer indicated the applicant:

   (1)  no running, no jumping, high-impact exercises or flutterkicks
   
   (2)  was able to perform 3 to 5 second rushes in a combat situation
   
   (3)  could roadmarch, but he was not to exceed 4 miles and was not to carry more than 50 pounds of gear
   
   (4)  could not roadmarch more than once a month
   
   (5)  could perform his MOS 
   
   (6)  could use an alternate event for APFT 

7.  On 8 December 2008, he underwent a physical examination for the purpose of expiration of term of his service.  Block 77 (Summary of Defects and Diagnoses) of his DD Form 2808 (Report of Medical Examination) listed the conditions of elevated cholesterol, low back pain, allergic rhinitis, GERD [gastroesophageal reflux disease], right shoulder pain, atypical chest pain, and depression.

8.  His service record does not indicate he was not promoted due to APFT failure or that he had a medical condition that prevented him from passing the APFT.

9.  He was honorably discharged on 23 January 2009 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 4 at the completion of required active service.  At the time of his discharge, he had completed 9 years, 4 months, and 3 days active military service.  He subsequently served in the Army National Guard from 24 January 2009 through 31 March 2011.  

10.  His DD Form 214 shows he was given a Separation Program Designator (SPD) code of “KBK.”  In April 2009, he was issued a DD Form 215 which corrected his DD Form 214 to show the entry “92G1O FOOOD SERVICE OPERATION – 9 YRS 1 MOS//NOTHING FOLLOWS” in item 11 (Primary Specialty) and the entry “JBK” in item 26 (Separation Code).  

11.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation shows that the SPD code “JBK” as shown on the applicant’s DD Form 214 specifies the narrative reason for separation as involuntary discharge for “Completion of Required Active Service” and that the authority for separation under this separation program designator is 
“AR 635-200, Chapter 4.”  

12.  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 incurred while entitled to basic pay.  It states that the mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability.  In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of his or her office, grade, rank, or rating.  

13.  Army Regulation 635-40, paragraph 2-2b, as amended, provides that when a member is being separated by reason other than physical disability, his/her continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he/she was unable to perform his/her duties or that acute grave illness or injury or other deterioration of physical condition occurring immediately prior to or coincident with separation rendered the member unfit.

14.  Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rated at less than 30 percent.  Section 1212 provides that a member separated under section 1203 is entitled to disability severance pay.

15.  Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that he had medical conditions that prevented him from completing his APFT and he couldn’t make rank are acknowledged.  However, his service record does not indicate he was not promoted due to APFT failure or that he had a medical condition that prevented him from passing the APFT.

2.  His service record is void of evidence and he has not provided any evidence which shows the events he was unable to pass nor does he specify any particular medical problem to which he attributes to his APFT failure.  

3.  The evidence of record shows he was referred to a civilian orthopedist in August 2008.  His examination was normal and his x-rays were read by the orthopedist as normal.  During this examination, he gave a history of a back injury that occurred 5 years earlier.

4.  On 13 November 2008, he visited a clinic for low back pain that resulted in a permanent profile of 122111 for low back pain, L5 spinal fracture.  At that time, he reported he had fallen on a fire extinguisher 6 years prior.  He was assigned an alternate aerobic event (walking, swimming, or biking) and was allowed to do push-ups and sit-ups.  

5.  In the absence of evidence to the contrary, the applicant's continued performance of duty raises a presumption of fitness which he has not overcome by evidence of any unfitting, acute, grave illness or injury related to his separation.

6.  Therefore, the applicant's discharge on 23 January 2009 by reason of completion of his required period of active service and subsequent service in the Army National Guard were proper and correct and there is no basis for granting the applicant's requested relief.

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)                                         AR20110008148





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ABCMR Record of Proceedings (cont)                                         AR20110008148



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