IN THE CASE OF:    

		BOARD DATE:  1 October 2014	  

		DOCKET NUMBER:  AR20140000841 


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, a medical discharge. 

2.  The applicant states:

* she was hospitalized after the first week of basic combat training (BCT) due to rhabdomyolysis (an acute, fulminant, potentially-fatal disease that destroys skeletal muscle and is often accompanied by the excretion of myoglobin in the urine), acute renal failure, and dehydration
* she stayed in the hospital for 2 weeks and missed training due to illness, not failure to adapt
* she wants medical benefits and treatment from the Department of Veterans Affairs (VA)

3.  The applicant provides hospital medical records.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 25 August 2009 for a period of 3 years and 23 weeks.

3.  She provided medical records showing she was admitted to the emergency room on 31 August 2009 and she was diagnosed with:

* rhabdomyolysis
* acute renal failure
* dehydration

4.  Her medical records show she was transferred to another medical facility for treatment.  She was discharged on 15 September 2009.  Her hospital discharge summary states:

* she was found to be in acute renal failure
* she was transferred there with a diagnosis of rhabdomyolysis
* she needed dialysis and did quite well
* the renal department feels quite confident that she is in the phase of recovery from her renal failure
* a full and complete recovery without sequelae (an aftereffect of a disease, condition, or injury) is expected

5.  Her BCT Soldier in Training Performance Records state:

	a.  For the Red Phase, she was not in BCT long enough to evaluate her for Army Values or Motivation and Discipline.  She did not achieve standards to move to the next phase on 16 September 2009.

	b.  For the White Phase, she did not complete the mandatory training requirements.  She had a physical profile for the diagnostic Army Physical Fitness Test (APFT).  She was rated "Fair" for Army Values (Loyalty, Duty, Respect, Selfless Service, Honor, Integrity, and Courage) with the comment:  "Soldier hasn't began to understand the meaning of the Army Values."  She was rated "Fair" for Motivation and Discipline (Personal Appearance, Follows Orders and Directions,  Puts Forth Maximum Effort, Obeys Policies, Renders Proper Military Courtesy, Follows Buddy System Always, Prepares Properly for Inspections, Maintains Equipment Accountability, and Team Player) with the comments:  "Soldier lacks motivation and discipline.  Not a team player."

	c.  For the Blue Phase, she did not complete the mandatory training requirements.  She had a physical profile for the diagnostic APFT on 20 October 2009.  She was rated "Fair" for Army Values.  She was rated "Fair" for Motivation and Discipline in all categories except Obeys Policies, Follows Buddy System Always, and Team Player, where she was rated "Good."

6.  On 30 October 2009, she stated:

* at this time she does not want to restart BCT because of certain illnesses
* she is not able to endure another 10 weeks of BCT at the present time
* she would like to be "chaptered out" and return in the future when she feels comfortable with beginning a new start in BCT

7.  Discharge proceedings were initiated on 17 November 2009 and the unit commander cited her inability to meet the minimum standards for successful completion of BCT due to her inability to adapt to the military environment, the numerous training events she missed, and her lack of desire to remain in the military.  On 18 November 2009, the separation authority approved the recommendation for discharge.

8.  On 25 November 2009, she was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11, by reason of entry-level status performance and conduct.  She completed 3 months and 2 days of creditable active service.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status.  This provision applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life; or because they lacked the aptitude, ability, motivation, or self discipline for military service; or they had demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  The regulation required an uncharacterized description of service for separation under this chapter.

10.  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.  The unfitness must be of such a degree that a Soldier is unable to perform the duties of his or her office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his or her employment on active duty.
11.  Paragraph 3-40 (Systemic disease) of Army Regulation 40-501 (Standards of Medical Fitness) states a cause for referral to an medical evaluation board (MEB) is exertional rhabdomyolysis.  The diagnosis of exertional rhabdomyolysis, defined as severe exercise-induced muscle pain resulting from repetitive exercise with an elevation of serum creatine kinase (CK) generally at least 5 times the upper limit of the lab normal range or urine myoglobin, will be referred to a MEB if the Soldier has:

	(1)  Recurrent episodes of exertional rhabdomyolysis; or

	(2)  A single episode with severe systemic complications (for example, compartment syndrome); or

	(3)  A single episode results in physical complications that interfere with successful performance of duty.	
	
	(4)  Soldiers with any of the following symptoms 2 weeks after experiencing an episode of exertional rhabdomyolyis should be referred to the appropriate specialist for consideration of referral to an MEB:
		
		(a)  Persistent residual kidney injury; or

		(b)  Persistent elevation of serum CK 5 times the upper limit of the lab normal range or delayed clinical recovery; or

		(c)  A history of sickle cell trait.

12.  Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade, or rating because of disability incurred while entitled to basic pay.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports her contention that she was hospitalized after the first week of BCT due to rhabdomyolysis, acute renal failure, and dehydration.  However, her discharge summary, dated 15 September 2009, stated a full and complete recovery was expected.

2.  There is no evidence showing she could not perform her duties while serving on active duty.  Therefore, there is insufficient evidence to show a medical discharge was warranted.


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)                                         AR20140000841



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ABCMR Record of Proceedings (cont)                                         AR20140000841



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