IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120001369
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 her DA Form 2173 (Statement of Medical Examination and Duty Status), dated 5 May 2011, to reflect that her injury may result in a claim.
2. The applicant states she wants the medical opinion in her case changed to reflect that her injury may result in a claim.
3. The applicant provides copies of:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Standard Form (SF) 600 (Chronological Record of Medical Care), dated
2 May 2011
* DA Form 2173
* Memorandum from the physical therapist to the applicant's commander, dated 14 June 2011
* DD Form 2697 (Medical Assessment), dated 15 June 2011
* DD Form 1966/1-6 (Record of Military Processing - Armed Forces of the United States), dated 10 December 2010
* Enlistment/Reenlistment Agreement, Army National Guard, Service Requirements and Methods of Fulfillment, dated 10 December 2010
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army National Guard on 10 December 2010. On 14 March 2011, she was ordered to active duty for training (ADT) and she reported to Fort Jackson, SC, where she was enrolled in basic combat training.
2. On 2 May 2011, the applicant was examined at the medical clinic for pain she had in her left hip and groin for the previous 7 days. X-rays were taken showing no significant abnormality. She was given crutches and placed on limited duty. A follow up examination was scheduled for 5 May 2011.
3. A DA Form 2173, dated 5 May 2011, indicates the applicant stated she had injured her left hip and groin while running in basic combat training. In section 11 (Medical Opinion), the examiner determined the injury was not likely to result in a claim against the government and that the injury had been incurred in the line of duty. It may result in a permanent partial disability. The form is incomplete in that the commander did not make any entries on the form or approve a line of duty determination.
4. On 14 June 2011, the applicant was seen by a physical therapist. The therapist stated the applicant's x-rays indicated she had sustained a stress fracture in her right inferior pubic ramus from normal physical activities required in training (running, jumping, and marching). She was given a 30-day convalescent leave. A subsequent x-ray revealed healing at the fracture site, although not enough healing in order to return to training. The therapist stated this injury was the result of overuse and a lack of overall physical conditioning. She felt that in the best interest of the applicant, she should be separated from the military. The applicant was not a candidate for surgery and should heal
100 percent (%) as long as she does not participate in any high-impact activities for 6 to 8 weeks. The therapist recommended the applicant develop an improved tolerance for impact-related activity through a prolonged program of weight training and a gradual walk-to-run program of at least 6 months. She was started on a calcium supplement for bone health. She did not meet the criteria for a medical board.
5. On 29 June 2011, the applicant was released from ADT, discharged from the U.S. Army Reserve, and returned to her ARNG unit, under the provisions of Army Regulation 635-200, paragraph 5-17, due to a condition, not a disability. She completed 3 months and 16 days of creditable active service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her DA Form 2173 should be changed to reflect her injury may result in a claim.
2. The evidence of record clearly shows the applicant was diagnosed with a stress fracture incurred during her basic combat training. This condition was determined to be the result of poor physical conditioning but would completely heal given time and proper care. Accordingly, she was released from active duty.
3. The applicant contends her injury is permanent. She requests the DA Form 2173 be changed to show her injury is likely to result in a claim. However, she does not provide any documents, medical or otherwise, that support her contention. The entry, which only said the injury was not likely to result in a claim against the government, should not prevent her from submitting a claim against the government.
4. The entries on the DA Form 2173 are the considered medical opinions of the examiner at the time. As such, this board should not presume they are in error or unjust without clear definitive evidence.
5. In view of the foregoing, there is an insufficient evidentiary 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) AR20120001369
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