BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140010679 


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 a different separation code.

2.  The applicant states:

* he was discharged due to a fracture in his right hip (lesser trochanter and sacrum) and he never had any issues with his hips prior to enlisting in the Army
* he never had any pain nor had he ever had an injury to his hips prior to enlisting
* he suspects the fracture occurred after a long physically-intense training day
* he was subjected to numerous slams and drops on his sides, hips, and butt at the range and his intense pain associated with his fracture began on the same date
* he believes the Army mismanaged his discharge as well as his diagnosis and treatment
* not enough time was allowed for his fracture to fully heal prior to his physical therapy and rehabilitation 
* he should have been medically boarded
* he was simply sent on his way with a compromised hip and not given any information on how to seek treatment or assistance once he was discharged
* there is no evidence or medical documentation to support the Army's claim that the injury existed prior to service
3.  The applicant provides:

* self-authored statement
* DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 11 June 2013
* five Standard Forms 600 (Chronological Record of Medical Care)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 12 February 2013.

2.  On 4 April 2013, the applicant underwent a bone scan that showed a probable stress fracture in the right femoral neck.  On 10 April 2013, he was placed on convalescent leave for a 30-day period.

3.  His DA Form 4707, dated 11 June 2013, shows:

	a.  He was seen in his 7th week of basic combat training (BCT) for right hip pain and he was placed on crutches and ordered to undergo a bone scan.  His bone scan came back suspicious and inconclusive, so magnetic resonance imaging (MRI) was ordered.  The MRI, dated 9 April 2013, confirmed a stress fracture of the right lesser trochanter and the applicant was placed on 30 days of convalescent leave.

	b.  The applicant returned from convalescent leave with continued symptomology of right hip pain and the Physical Therapy Department placed him in a physical training rehabilitation platoon.  He showed no improvement and he was returned to his unit at full duty.

	c.  The applicant returned to sick call with persistent right hip pain and related that he could no longer train.

	d.  He was identified while in his 16th week of training as having a condition that existed prior to service (EPTS).  His separation from the service was recommended.

4.  A DA Form 4856 (Developmental Counseling Form), dated 12 June 2013, shows the applicant was counseled on his commander's intent to initiate separation action under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11 (Separation of Personnel Who Did Not Meet Procurement Medical Fitness Standards.

5.  On 21 June 2013, his commander initiated separation action under the provisions of Army Regulation 635-200, paragraph 5-11, for an EPTS medical condition.  His commander recommended an entry-level separation.  On the same date, the applicant acknowledged receipt of the discharge notification on a DA Form 2823 (Sworn Statement).  He elected not to submit statements in his own behalf.

6.  On 2 July 2013, the findings of the EPSBD were approved by the medical approving authority.

7.  On 9 July 2013, the applicant concurred with the EPSBD Proceedings and requested to be discharged without delay.  He waived his right to consult with counsel and indicated he did not want to remain on active duty.

8.  On 16 July 2013, the separation authority approved the applicant's discharge and directed he receive an entry-level separation.

9.  On 1 August 2013, the applicant was discharged accordingly.  His DD Form 214 shows in:

* item 24 (Character of Service) – Uncharacterized
* item 25 (Separation Authority) – Army Regulation 635-200, 
paragraph 5-11
* item 26 (Separation Code) – JFW
* item 28 (Narrative Reason for Separation) – Failed Medical/Physical/
Procurement Standards

10.  The applicant provided five Standard Forms 600 that show the following regarding his hip prior to his separation:

* 3 April 2013 – initial visit for hip pain
* 5 April 2013 – bone scan revealed slight asymmetric radiotracer uptake in the region of the right lesser trochanter (part of the femur connecting to the hip bone) – subtle stress fracture cannot be excluded
* 10 April 2013 – probable stress fracture in the right femoral neck; stress fracture adjacent to the right lesser trochanter – two stress fractures noted in the sacrum
* 10 May 2013 – previous bone scan, dated 4 April 2013, and right hip MRI, dated 19 April 2013, reveal bone edema and questionable abnormality just above the lesser trochanter
* 11 June 2013 – applicant identified as having an EPTS condition – he returned to sick call with persistent right hip pain and related he could no longer train

11.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty, active duty for training, or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time, and that the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.

12.  Army Regulation 40-501 governs medical fitness standards for induction, enlistment, appointment, retention, separation, retirement, officer procurement programs and related policies and procedures.  Paragraph 2-10 pertains to lower extremities and states limitation of motion of the hip due to disease or injury does not meet the standard.

13.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement or Separation), chapter 5, provides that if a Soldier is processed for failure to meet procurement medical fitness standards within the first 6 months of entry on active duty and the condition existed prior to the term of service, the Soldier will be discharged in an entry-level status with uncharacterized service.

14.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows the SPD JFW as shown on the applicant's DD Form 214 specifies the narrative reason for discharge as "Failure to Meet Procurement Medical Fitness Standards" and that the authority for discharge under this SPD is Army Regulation 635-200, paragraph 5-11.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was diagnosed as having a stress fracture of the right lesser trochanter while attending BCT.  He appeared before an EPSBD which determined that he did not meet medical fitness standards for enlistment or induction under the provisions of Army Regulation 40-501.  His condition was listed as EPTS which was not permanently aggravated by service.

2.  While Soldiers enter active duty with existing medical conditions, many of them successfully complete their initial entry training.  Unfortunately, some are unable to complete their training because the rigor of BCT is too strenuous to complete with the medical condition.  Soldiers who cannot complete their training must be discharged.

3.  The applicant concurred with the finding of the EPSBD and requested discharge without delay.

4.  Accordingly, he was discharged under the provisions of Army Regulation 
635-200, paragraph 5-11, for failure to meet medical fitness standards with his service uncharacterized.  He was assigned an SPD code of JFW.

5.  The applicant's separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.  The type of discharge directed, the reasons for that separation, and the assigned SPD code were appropriate considering all of the facts of the case.

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)                                         AR20140010679



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ABCMR Record of Proceedings (cont)                                         AR20140010679



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