IN THE CASE OF: 

		BOARD DATE: 30 October 2014

		DOCKET NUMBER:  AR20140004105 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was discharged due to an injury, instead of "CONDITION, NOT A DISABILITY."

2.  The applicant states his record shows he was discharged due to hip pain.  He feels this is one of the stupidest reasons to discharge someone.  He has evidence showing he had a hip fracture.  His discharge should be changed because his hip got stressed while he was on active duty in basic combat training. 

3.  The applicant provides copies of his:

* Medication Profile
* Vaccine Administration Record
* Standard Form (SF) 600 (Chronological Record of Medical Care) for 
17 July through 3 September 2013, including radiology reviews and reports
* DD Form 214 

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 15 July 2013.  He did not complete training and was not awarded a military occupational specialty. 
 
3.  A 193rd Infantry Brigade Memorandum for Record, dated 20 August 2013, signed by a Physical Therapy Captain states:

	a.  "I initially evaluated PV1 L--- on 20 August 2013.  He has progressive 
R hip pain that is significantly limiting his ability to train and further profiling will make it very difficult for him to graduate in a timely manner with peers." 

	b.  "At this point, it would be beneficial for PV1 L--- to take time away from the rigors of military training, in order to allow this pain to subside.  It is my conclusion that he has reached the maximum benefit which Physical Therapy can provide, at this time, without significant profiling and activity limitations.  This injury should not likely prevent future attempts at returning to military training.  There is limited rehabilitation potential for this Soldier and he is not a candidate for Medical Board or PTRP." 

	c.  "PV1 L____'s ability to successfully complete rehabilitation within an acceptable time frame is minimal and his medical condition may hinder successful completion of IET training without additional delays and profiling."

	d.  "Recommend the chain of command consider him for discharge AR 635-200, Chapter 5-17."

4.  On 10 September 2013, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, by reason of other designated physical or mental condition.  The immediate commander stated the applicant had been unable to complete Basic Training due to having right hip pain.  He recommended the applicant's service be uncharacterized.

5.  On 10 September 2013, the applicant acknowledged receipt of the separation notification memorandum and subsequently consulted with legal counsel.  He was advised of the basis for the contemplated separation action and its effects, the rights available to him, and the effect of a waiver of his rights.  He waived consulting counsel and elected to not submit a statement on his own behalf.

6.  Subsequent to this acknowledgement and legal consultation, the applicant's immediate commander recommended separation. 

7.  On 12 September 2013, consistent with the chain of command's recommendations, the separation authority approved the applicant's discharge and directed his service be characterized as uncharacterized.  

8.  His DD Form 214 shows he was discharged on 20 September 2013, under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of "condition, not a disability."  His character of service is shown as "UNCHARACTERIZED."  He had completed 2 months and 6 days of creditable active military service.  

9.  He provides copies of medical care documents that show he was seen for medical conditions from 17 July through 3 September 2013 including right hip pain.  The record dated 3 September 2013 states, in part, 

	a.  FINDINGS:  "OSSEOUS:  Grade 2 stress injury along the compressile portion of the right femoral neck.  Grade 1 stress injury along the compressile portion of the femoral neck.  Low grade stress edema of both midshaft femora."

	b.  Disposition:  "I see no conditions which will likely lead to permanent disability."

10.  There is no evidence showing he sustained an injury during his active duty service.

11.  Army Regulation 635-200, paragraph 5-17, states commanders who are special court-martial convening authorities may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty.  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.  Members may be separated for physical or mental conditions not amounting to disability which is sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's records confirm he was separated under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a physical condition, not a disability.  He was diagnosed with a condition that prevented him from completing Basic Combat Training.  He was advised of and he exercised his rights.  

2.  In view of the above, his request should be denied.

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 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)                                         AR20130006320



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ABCMR Record of Proceedings (cont)                                         AR20140004105



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