IN THE CASE OF:	  

		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110018558 


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 change of her uncharacterized discharge to a medical discharge.

2.  The applicant states:

* She injured her right hip and right knee
* She was also diagnosed with asthma and fibroids
* When she was discharged she was under the impression she was getting a medical discharge
* When she signed her discharge she was told her discharge was a medical discharge, not uncharacterized  

3.  The applicant provides:

* her DD Form 214 (Certificate of Release or Discharge from Active Duty)
* extracts of her service medical records

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 February 2011 for a period of 3 years and training in military occupational specialty (MOS) 92R (parachute rigger).


2.  She provided numerous 2011 health records that show she was treated for several conditions while in basic training which included shortness of breath, groin pain, hip pain, asthma, stress fractures, and fibroids.  These medical records also show she received immunizations, physical therapy, a MRI [magnetic resonance imaging], and a pelvic ultrasound.  Medical records state she fell in basic training and landed on her left knee.

3.  She provided a health record, dated 4 May 2011, that shows she was diagnosed with left femoral neck stress reaction (grade 2) completely resolved and large mass in pelvic area on the right, confirmed benign uterine leiomyoma.  This medical record also states "Saw gyn [gynecologist] today who stated the mass in her uterus was not surgical at this time but would require follow-up in a year."

4.  A memorandum, dated 4 May 2011, from the senior physical therapist at Fort Jackson, SC states:

	a.  the applicant has been seen in the Physical Therapy Clinic for pain in the hips that developed as a result of normal training activities (running, jumping, marching).

	b.  she had multiple diagnostic studies (x-ray, bone scan, MRI) that initially showed she had developed bone stress injuries in the left/right hip bone (femoral neck) but these injuries had not yet progressed to fractures.  Though recent MRI shows that these stress injuries have completely resolved, she continues to have pain despite rest, crutches, medications, and profiles.

	c.  she does not qualify for an EPTS [existed prior to service] or an MEB [Medical Evaluation Board] separation, and is not currently a PTRP [physical training and rehabilitation program] candidate. She needs to perform at least 6-8 months of a regular strength training and conditioning program that includes progressive impact on hard surfaces for her hips to tolerate the stresses of IMT [initial military training] without further injury.

	d.  the therapist recommended the applicant receive a paragraph 5-17 discharge.

5.  A DA Form 4856 (General Counseling Form) shows the applicant was counseled regarding her pending separation under the provisions of Army Regulation 635-200, chapter 5 (Separation for Convenience of the Government), paragraph 5-17 by reason of other designated physical or mental condition.  On
4 May 2011, the applicant agreed with the recommendation.

6.  She provided a health record, dated 6 May 2011, that states she underwent a physical separation examination for slowly resolving hip stress reactions without fracture by MRI.  The chronic problems listed on this health record were:

* Leiomyoma of the uterus
* The pelvis showed a mass
* Pelvic pain
* Stress fracture of tibia
* Stress fracture of the neck and femur
* Hip joint pain
* Dyspnea
* Stress fracture
* Asthma
* Patient education about medication
* Knee joint pain
* Inguinal pain on the right side
* Shortness of breath

7.  The acute problems listed on this health record were:

* Routine pelvic examination
* Pregnancy test was performed

8.  This health record states she was released without limitations.

9.  Her Enlisted Record Brief (ERB), dated 6 May 2011, shows her physical profile was 111111.

10.  On 17 May 2011, the applicant's unit commander initiated action to separate her under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 5, paragraph 5-17.  The commander stated the reason for the proposed action was her inability to complete basic training due to the pain in her hips.

11.  On 17 May 2011, having been afforded the opportunity to consult with counsel and having received the administrative briefing by Trial Defense Services (TDS) personnel concerning the basis for her contemplated separation and its effects, the rights available to her, and the effect of waiving those rights, she voluntarily waived her opportunity to consult with counsel and she elected not to provide a statement in her own behalf.


12.  On 19 May 2011, the intermediate commander recommended approval of the separation action with service uncharacterized.

13.  On 19 May 2011, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, paragraph 5-17 with issuance of an entry-level separation with service uncharacterized.

14.  On 27 May 2011, the applicant was discharged accordingly under the provisions of Army Regulation 635-200, paragraph 5-17, for a condition, not a disability.  Her character of service was uncharacterized.  She completed
3 months and 14 days of creditable active service.

15.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-17 sets the policy and prescribes procedures for separating members on the basis of other physical or mental conditions not amounting to a disability that potentially interfere with assignment to or performance of duty.  Such conditions may include, but are not limited to, chronic airsickness or seasickness, enuresis, sleepwalking, dyslexia, severe nightmares, claustrophobia, and other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier’s ability to effectively perform military duties is significantly impaired.  A Soldier separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status.

16.  Entry level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days of active service.  It further states that the character of service for members separated under the provisions of paragraph 5-11 will be uncharacterized if in entry-level status.  For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.

17.  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.  The unfitness is of such a degree that a Soldier is unable to perform the duties of his office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.

18.  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.
19.  Army Regulation 40-501 (Standards of Medical Fitness), chapter 7 (Physical Profiling) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted.  Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES):

* P - physical capacity or stamina
* U - upper extremities
* L - lower extremities
* H - hearing and ears
* E – eyes
* S – psychiatric

Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she injured her right hip.  It is noted that during basic training, she was seen in the physical therapy clinic for pain in the hips that developed as a result of normal training activities (running, jumping, marching).  Although multiple diagnostic studies initially showed she had developed bone stress injuries in the hip bones, a recent MRI indicated these stress injuries were completely resolved.  

2.  Although she contends she injured her right knee, medical evidence provided by the applicant indicates she injured her left knee after a fall she took in basic training.

3.  The evidence of record supports her contention she was diagnosed with asthma and fibroids.

4.  She contends when she was discharged she was under the impression she was getting a medical discharge.  However, although she voluntarily waived her right to consult with counsel on 17 May 2011 she acknowledged she received the administrative briefing from TDS personnel that explained the basis for her contemplated separation and its effects, the rights available to her, and the effect of waiving those rights.  Therefore, it is reasonable to presume she understood she was not being medically discharged.


5.  Since her ERB shows her physical profile was 111111 on 6 May 2011, and her separation physical examination indicates she was released without limitations on 6 May 2011, it appears she was physically qualified for separation.  In addition, the senior physical therapist stated she did not qualify for an MEB separation.

6.  In view of the foregoing, 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)                                         AR20110018558



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ABCMR Record of Proceedings (cont)                                         AR20110018558



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