BOARD DATE:	  21 June 2012

		DOCKET NUMBER:  AR20120000803 


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, correction of item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "disability" vice "entry level performance and conduct."

2.  The applicant states he was injured during basic combat training (BCT).  An "existed prior to service" chapter was recommended by his physical therapist as he [the physical therapist] stated his injury was not going to get better and it would do him more harm than good to continue to train and be in a military environment.  However, another doctor went against the physical therapist's recommendation so he was forced to stay around longer causing more problems with his injury.  He feels this discharge was forced and he was told he should receive medical benefits.  He is still having problems due to his injury.

3.  The applicant provides:

* Seven Fort Leonard Wood (FLW) Forms 576 (Trainee Sick Call Slip), dated between 3 August and 3 December 2010
* DA Form 3349 (Physical Profile), dated 2 November 2010
* Two DA Forms 3982 (Medical and Dental Appointment), dated 16 November and 3 December 2010
* Seven pages of a printout titled Patellofemoral Pain Syndrome



CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 16 April 2010 and entered active duty for training on 7 July 2010.  He completed BCT and was assigned to 58th Transportation Battalion, 3rd Chemical Brigade, FLW, MO, for advanced individual training.

2.  On 8 December 2010, he was counseled by his first sergeant (1SG) on his inability to cope with the training environment, his lack of effort to continue training, and his inability to adapt socially or emotionally to the Army.  The 1SG stated the applicant had been afforded counseling with social services without success and he [the applicant] had stated in writing that he felt unsafe and very uncomfortable with Army life.  He told the applicant he was recommending him for discharge action.  The applicant indicated he agreed with the counseling and placed his signature in the appropriate block.

3.  On 15 December 2010, he was notified by his immediate commander of his intent to process the applicant for separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, due to entry level status performance and conduct.  The unit commander cited that the applicant had stated he was not mentally, emotionally, or physical fit for the Army due to personal issues.  In addition, the applicant displayed a lack of effort to continue his training and his attitude and motivation were not compatible with the military.

4.  On 15 December 2010, he acknowledged receipt of the separation notification, waived his right to seek legal counsel, and declined to submit a statement on his own behalf.  

5.  On 10 January 2011, he underwent a medical examination.  The examining physician found the applicant's back pain had been resolved and his bilateral shin pain and knee pain were stable and ongoing as a stress reaction to running and walking long distances.  He cleared the applicant for separation action as the command saw fit. 

6.  On 13 January 2011, the applicant's immediate commander recommended the applicant be separated under the provisions of Army Regulation 635-200, chapter 11, due to entry level status performance and conduct.  The unit commander cited that the applicant had expressed he was not mentally, 
emotionally, or physically fit for the Army due to extreme personal issues.  These personal issues left him in distress and unable to cope with the training environment.  Also, the applicant had displayed a lack of reasonable effort to continue training and his attitude and lack of motivation were not compatible with the military.

7.  On 19 January 2011, the separation authority approved his discharge action under the provisions of Army Regulation 635-200, chapter 11, for entry level performance and conduct and directed that he receive an uncharacterized discharge.  On 4 February 2011, he was discharged accordingly.

8.  The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct with an uncharacterized discharge.  He completed 6 months and 28 days of creditable active service.

9.  The applicant provides sick slips that show he was seen and treated at the medical treatment clinic, FLW, MO, on various dates for bilateral shin splints and bilateral knee pain.  He also provides a physical profile that shows he was given a temporary profile for his lower extremities on 2 November 2010 that was due to expire on 2 December 2010.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated.  Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status. 

11.  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.  It states medical evaluation boards (MEB) are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualification for retention based on the criteria in Army Regulation 40-501, chapter 3.

12.  Paragraph 3-1 of Army Regulation 635-40 provides 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 member reasonably may be expected to perform because of his or her office, rank, grade, or rating.  The Army must find that a service member is physically unfit to 
reasonably perform his or her duties and assign an appropriate disability rating before that service member can be medically separated or retired.

DISCUSSION AND CONCLUSIONS:

1.  His commander found he was unable to cope with the training environment and that his attitude and lack of motivation were not compatible with military service.  Therefore, separation action was initiated against him under the provisions of Army Regulation 635-200, chapter 11, for entry level performance and conduct.

2.  Although he was seen for shin splints and knee pain between August and December 2010, there is no evidence in his record and he did not provide any evidence to show his shin splints or knee condition or any other medical condition warranted a referral to an MEB.  There is no evidence he was ever given a permanent physical profile for these conditions.  The mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability.

3.  All requirements of the law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  

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)                                         AR20120000803





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ABCMR Record of Proceedings (cont)                                         AR20120000803



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