IN THE CASE OF:	  

		BOARD DATE:  3 July 2012

		DOCKET NUMBER:  AR20110025018 


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 correction of his record to show he received a medical discharge.

2.  He states he should have received a medical discharge due to the injuries he sustained during training that have left him disabled for the rest of his life.  He states he sustained a hip, back, and shoulder fracture.  According to his doctor, his injuries are permanent.  Since he has at been home he has been unable to run, bend over, and lift as he was able to do prior to his injuries.  Due to his injuries he has severe tightness and cramps in his left leg.  His life is difficult due to his disability.  He wishes to be considered for a medical discharge so that he can use the GI Bill to go to school and do something he can be proud of since he can no longer pursue his dream in the Army.  He states he was forced to sign his discharge paperwork and he was not given a chance to heal properly and rehabilitate.  

3.  He provides:

* his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* Fort Benning Sick Slips, DA Forms 3349 (Physical Profile), and associated documents
* medical records



CONSIDERATION OF EVIDENCE:

1.  On 10 November 2010, the applicant enlisted in the U.S. Army Reserve Delayed Enlistment Program (DEP).  On 27 February 2011, he was discharged from the DEP and enlisted in the Regular Army on 28 February 2011.  His Enlisted Record Brief shows he was assigned to Fort Benning, GA, for basic training.  

2.  His record includes a DD Form 2807-1 (Report of Medical History) completed during his enlistment processing.  He reported he was in good health.  A DD Form 2808 (Report of Medical Examination) completed on the same date shows a physician determined that he was qualified for service.  

3.  His record includes five DA Forms 4856 (Developmental Counseling Form).  The forms show that, while assigned to the Fitness Training Unit, 30th Adjutant General Reception Battalion, he was counseled on 19 and 24 May 2011 for:

* displaying a lack of motivation and military values
* being disrespectful towards a senior noncommissioned officer (NCO)
* failure to obey an order
* failure to abide by the Warrior Ethos
* violating his physical profile
* failure to conform to military standards
* violation of Army values
* insubordinate conduct towards a senior NCO
* evasive conduct towards a senior NCO
* failure to follow instructions

4.  On 2 June 2011, his commander informed him she was initiating action to separate him for entry-level performance and conduct under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11.  She stated the reasons for the proposed action were his lack of motivation/discipline to become a quality Soldier, being disrespectful towards an NCO, failure to follow orders, and violation of his profile.  

5.  On the same date, he acknowledged he had been notified of the contemplated action to separate him.  He waived his right to consult with counsel and he did not request a medical examination before he was discharged. 

6.  On 8 June 2011, the separation authority approved his discharge action and directed that he receive an entry-level separation (uncharacterized).  On 16 June 2011, he was discharged accordingly.  

7.  His DD Form 214 shows in:

* item 25 (Separation Authority) - "AR 635-200, chap 11"
* item 28 (Narrative Reason for Separation) - "entry level performance and conduct"

8.  His complete service medical records are not contained in his official military personnel file.  

9.  He provides Fort Benning Sick Slips, DA Forms 3349, and associated documents that show, in part:

* in 28 March 2011, he was seen at Martin Army Community Hospital on numerous occasions 
* on 30 March 2011, he received a temporary profile for a pelvic stress fracture, which required him to use crutches and specified he was not to participate in training 
* on 3, 11, and 18 May 2011, he entered the Physical Therapy Rehabilitation Program (PTRP) with a physical profile that specified the types of training he could participate in
* on 20 May 2011, he reported shoulder pain

10.  The medical records he provides show, in part:

* on 29 March 2011, he underwent a bone scan and was found to have acute stress fractures in his pelvis
* on 3 May 2011, a medical provider noted X-rays indicated his stress fractures were healing and he was recommended for the PTRP 
* on 20 May 2011, he was seen for a complaint of pain in his right shoulder, and an X-ray showed evidence of a healed fracture of the right clavicle

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 states separation of a Soldier in entry-level status may be warranted on the grounds of unsatisfactory performance and/or unsatisfactory conduct as evidenced by inability, lack of reasonable effort, failure to adapt to the military environment, or minor disciplinary infractions.  This provision of regulation applies to individuals who have demonstrated they are not qualified for retention because they cannot adapt socially or emotionally to military life; because they cannot meet the minimum standards prescribed for successful completion of training because of a lack of aptitude, ability, motivation, or self discipline; or because they have demonstrated characteristics not compatible with satisfactory continued service.  Service will be described as uncharacterized under the provisions of chapter 11.
12.  Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES) and 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.

	a.  The above regulation states the mere presence of an 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 against medical retention qualification standards established in Army Regulation 40-501 (Standards of Medical Fitness).

	b.  Soldiers must be referred to the PDES.  If a treating physician believes a Soldier is unable to perform full military duty or is unlikely to be able to do so within a reasonable period of time – normally 12 months – the Soldier is referred to a medical evaluation board (MEB) at the medical treatment facility where treatment is being provided.  The MEB is an informal process comprised of at least two physicians who compile, assess, and evaluate the medical history of a Soldier and determine if the Soldier meets or will meet retention standards.  If the Soldier meets retention standards, the Soldier is returned to duty in his/her respective or current military occupational specialty.  If the Soldier does not meet retention standards, the case will be referred to a physical evaluation board for further disposition and determination of fitness.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his record to show he received a medical discharge.

2.  He provides medical records showing he was diagnosed with a pelvic stress fracture, given a physical profile, and placed in the PTRP.  This evidence indicates his medical providers expected that he would heal and be able to return to full duty.

3.  He also provides documentation indicating he reported shoulder pain.  An 
X-ray showed evidence of a healed fracture of the right clavicle.  

4.  There is no evidence indicating his pelvic stress fracture and shoulder pain were of a degree that warranted referring him to the PDES.  

5.  During the period he was assigned to the PTRP, he was counseled for his conduct.  It appears he did not improve his performance in response to this counseling.  As a result, his commander recommended his discharge under the provisions of Army Regulation 635-200, chapter 11, for entry-level performance and conduct.  The basis for recommendation was a lack of motivation/discipline to become a quality Soldier, being disrespectful towards an NCO, failure to follow orders, and violation of his profile.  He waived his right to consult with counsel, and he did not request a medical examination before he was discharged.  

6.  The record shows all requirements of law and regulation were met and his rights were fully protected throughout the separation process.  

7.  In view of the foregoing, there is no basis for granting the relief he requests.

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)                                         AR20110025018



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ABCMR Record of Proceedings (cont)                                         AR20110025018



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