IN THE CASE OF:
BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120009286
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, that her uncharacterized discharge be changed to show that she was honorably discharged by reason of permanent disability.
2. The applicant states that she was discharged after being recommended for a medical evaluation board (MEB).
3. The applicant provides a list of documents that were submitted with the application she provided to this Board which primarily consists of her medical treatment records.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve on 17 February 2011 for a period of 8 years, training as a military police, and for an $8,000 enlistment bonus.
2. She was ordered to active duty training on 28 March 2011 and was transferred to Fort Leonard Wood, Missouri to undergo one-station unit training.
3. On 2 May 2011, the applicant was issued a temporary physical profile after being diagnosed with hip strain and knee stress reaction. The issuing official recommended that she be administratively discharged due to the amount of time involved in her recovery.
4. On 1 June 2011, the applicants commander notified the applicant that he was recommending that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 5-17, because her condition prevented her from running, jumping, ruck-marching, and lifting or carrying heavy loads without increased pain. The expected time for her recovery was not within a reasonable timeframe for a Soldier in a basic combat training environment.
5. The applicant elected to waive her right to consult with counsel and declined the opportunity to submit a statement in her behalf. She also declined a medical examination (separation physical) before separation.
6. The appropriate authority approved the recommendation for discharge on 20 June 2011 and directed that she be issued an entry-level separation with uncharacterized service.
7. On 7 July 2011, she was discharged under the provisions of Army Regulation 635-200, paragraph 5-17, due to a condition, not a disability. She had served
3 months and 10 days of active service and her service was uncharacterized.
8. On 15 July 2011, she applied to the Army Discharge Review Board (ADRB) to have her uncharacterized discharged changed to an honorable discharge due to injuries she received while in training.
9. On 25 January 2012, the ADRB determined that her discharge was both proper and equitable and voted unanimously to deny her request.
10. A review of the applicants official records as well as the documents submitted with her application failed to show evidence that the applicant was considered for evaluation by an MEB or that the applicant was diagnosed with a permanent unfitting condition.
11. Army Regulation 635-200 provides the basic guidance for the separation of enlisted personnel. Paragraph 5-17 provides for the separation of Soldiers who have a physical or mental condition that potentially interferes with assignment to or performance of duty; however, the physical or mental condition does not amount to a disability or qualify for disability processing under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).
12. Army Regulation 635-40, paragraph 3-2b, provides that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant's rights. Accordingly, the type of discharge directed and the reason were appropriate under the circumstances.
2. The applicant failed to show through the evidence submitted and the evidence of record that she was improperly diagnosed as having a condition that was not a disability. The mere presence of impairment does not, of itself, justify a finding of physical unfitness and/or medical retirement from the Army. She was not separated because she had a medically unfit condition; she was separated only because the recovery time for her injuries was not within a reasonable timeframe for a Soldier in basic combat training.
3. She was properly discharged and her service was uncharacterized in accordance with the applicable laws and regulations with no indication of any violations of her rights.
4. Therefore, in the absence of sufficient evidence to show the applicant was not properly diagnosed when she was evaluated and discharged in 2011, there appears to be no basis to grant her request for retirement based on physical disability.
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.
_______ _ _______ ___
CHAIRPxERSON
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) AR20120009286
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ABCMR Record of Proceedings (cont) AR20120009286
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