IN THE CASE OF:	  

		BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130021898 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change her characterization of service from "uncharacterized" to "honorable," change her narrative reason for separation from "condition, not a disability" to "medical," and change her separation code to reflect a medical discharge.

2.  The applicant states she believes an uncharacterized character of service is unjust.  She strongly feels she would have been able to complete her entire period of obligated service if she had not suffered from medical conditions.  If her characterization of service is upgraded, she would be able to receive medical treatment through the Department of Veterans Affairs (VA).  She was injured in the line of duty during basic combat training (BCT).  She fell down some steps and injured her lower back and hip.  She has been unable to return to work since her discharge.

3.  The applicant provides:

* BCT Form 689-R (Initial Military Training (IMT) Sick Slip), dated 12 August 2012
* memorandum, dated 4 September 2013
* DA Form 2173 (Statement of Medical Examination and Duty Status), dated 11 September 2013
* memorandum, dated 13 September 2013



* DD Form 214
* VA Form 21-4138 (Statement in Support of Claim), dated 2 December 2013
* letter, dated 14 January 2014
* American Legion Statement, dated 18 February 2014

CONSIDERATION OF EVIDENCE:

1.  Prior to the applicant's enlistment in the U.S. Army Reserve (USAR), on 
8 June 2012, she underwent various medical screenings and physical examinations.  Her record contains a DD Form 2808 (Report of Medical Examination), dated 4 April 2012, showing she had mild asymptomatic pes planus (flat feet).  Nevertheless, she was found medically fit for military service.

2.  Her record contains orders, issued by the Military Entrance Processing Station, Fort Meade, MD, on 2 October 2012 ordering her to Initial Active Duty Training (IADT) to attend BCT at Fort Sill, OK.  Her report date was listed as 
23 October 2012.

3.  Her record contains a memorandum, issued the 95th Reception Battalion, Fort Sill, OK, on 2 November 2012 showing she was being released from active duty due to pregnancy.

4.  Her record shows she entered active duty 9 July 2013. 

5.  She provided a BCT Form 689-R, dated 12 August 2013.  This document is similar to a physical profile and shows she was diagnosed with lower back pain as a result of an injury.  The medical authority recommended she be separated from military service in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 (other designated physical or mental conditions) and that her profile remain in effect until her separation.

6.  She provided a memorandum, dated 4 September 2013, showing her chain of command was notified she received a statement of medical examination and duty status.

7.  She provided a DA Form 2173 showing she was seen at the Fort Leonard Wood, MO, General Hospital on 1 August 2013 and treated for an injury/back strain.  She stated, during her 3rd week of BCT, she was running down the stairs with her weapon when she tripped and fell over five steps and hit the ground on her butt.  She had a magnetic resonance imaging (MRI) which revealed a stress reaction [a precursor to a stress fracture] in the lesser trochanter [hip].  Her chain of command was not made aware of her fall or the injury until she came back from sick call and was on a profile. 

8.  She provided a memorandum, dated 13 September 2013, which shows a line of duty investigation was conducted and it was determined "that the incident occurred in the line of duty."

9.  The complete facts and circumstances surrounding her discharge action are not available for review with this case.  However, her record contains a DD Form 214 showing she was discharged in accordance with Army Regulation 635-200, paragraph 5-17 on 20 November 2013.  Her DD Form 214 also shows she received an "uncharacterized" character of service, the narrative reason of a "condition, not a disability," and a separation code of "JFV."  

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  

	a.  Chapter 3 describes the different types of characterization of service.  It states an uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.

	b.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	c.  Paragraph 5-17 states commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability (Army Regulation 635–40 (Physical Evaluation For Retention, Retirement, or Separation)) and excluding conditions appropriate for separation processing under paragraph 5–11 or 5–13 of this regulation that potentially interfere with assignment to or performance of duty.  Such conditions may include, but are not limited to chronic airsickness, chronic seasickness, enuresis, sleepwalking, dyslexia, severe nightmares, claustrophobia, transsexualism/gender transformation, 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.  When a commander determines that a Soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer the Soldier for a medical examination and/or mental status evaluation in accordance with Army Regulation 40–501 (Standards of Medical Fitness).  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.  Separations under chapter 5 are separations for the convenience of the government.  Unless the reason for separation requires a specific characterization, a Soldier being 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 entry-level status.  

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states that the SPD code "JFV" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of "condition, not a disability."

12.  Army Regulation 40-501 (Standards of Medical Fitness), Chapter 2 refers to medical conditions and states that disqualifying procurement medical conditions are listed in paragraphs 2–3 through 2–32.  Unless otherwise stipulated, the conditions listed in paragraphs 2–3 through 2–32 are those that would be disqualifying by virtue of current diagnosis, or for which the candidate has a verified past medical history.

	a.  Paragraph 2-10a(1) covers a limitation of motion in the hip and states a limitation of motion in the hips, less than that prescribed in paragraph 2-10a(1), due to a disease or injury is a medical condition.

	b.  Paragraph 2-11 addresses fractures and states a current or history of contusion of bone or joint; an injury of more than a minor nature that will interfere or prevent performance of military duty, or will require frequent or prolonged treatment without fracture nerve injury, open wound, crush or dislocation, which occurred within the preceding 6 weeks in the lower extremities is a medical condition that does not meet the standard.

13.  Army Regulation 40-501, chapter 3 lists the various medical conditions and physical defects which may render a Soldier unfit for further military service and which fall below the required standards.  These medical conditions and physical defects, individually or in combination, are those that significantly limit or interfere with the Soldier’s performance of their duties or may compromise or aggravate the Soldier’s health or well-being if they were to remain in the military Service.  This may involve dependence on certain medications, appliances, severe dietary restrictions, or frequent special treatments, or a requirement for frequent clinical monitoring.  Hip injuries/fractures listed chapter 2 are not cause for referral to a Medical Evaluation Board (MEB).

14.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides guidance on processing through the Physical Disability Evaluation System (PDES), which includes the convening of an MEB to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  If the MEB determines a Soldier does not meet retention standards, the case will be referred to a PEB.  The PEB evaluates all cases of physical disability equitably for the Soldier and the Army.  It also investigates the nature, cause, degree of severity, and probable permanency of the disability of Soldiers whose cases are referred to the board.  It evaluates the physical condition of the Soldier against the physical requirements of the Soldier's particular office, grade, rank, or rating.  Finally, it makes findings and recommendations required by law to establish the eligibility of a Soldier to be separated or retired because of physical disability.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests her narrative reason for separation and separation code be changed to show she received a medical discharge and her uncharacterized discharge be upgraded to honorable.  She stated this correction would allow her to seek medical treatment through the VA.  

2.  The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for veterans or other benefits.  Every case is individually decided based upon its own merits when an applicant requests a correction to his/her military records.

3.  Her record is void of the specific facts and circumstances surrounding her discharge.  However, it is presumed she was discharged because she had an injury which was a precursor to a stress fracture in her hip.  This injury is considered a condition and not a disability as it is not listed in chapter 3 of 
Army Regulation 40-501 as being a cause for referral to an MEB.

4.  Her DD Form 214 shows she was discharged in accordance with Army Regulation 635-200, chapter 5-17 for a condition, not a disability; however, the specific condition/reason for her discharge is unknown.  Discharges under the provisions of Army Regulation 635-200, chapter 5-17 are involuntary command directed discharges for the convenience of the government.  Lacking evidence to the contrary, it is presumed that all requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  

5.  It must also be presumed that her discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of her rights.  Her administrative discharge under the provisions of paragraph 5-17 of Army Regulation 635-200 for a physical condition, not a disability appears to be proper.

6.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated.

7.  In view of foregoing, there is insufficient evidence to grant the 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)                                         AR20130021898





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ABCMR Record of Proceedings (cont)                                         AR20130021898



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