IN THE CASE OF:	   

		BOARD DATE:	  7 April 2015

		DOCKET NUMBER:  AR20140013149 


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 amendment of his uncharacterized discharge to a medical discharge.

2.  The applicant states:

	a.  He was discharged to go home and heal from a back injury he sustained in basic training.  He was told it was a severe muscle strain and would take months to heal.

	b.  This condition was misdiagnosed.  He had a popped disc at the base of his spine hitting a nerve.  The doctors say there is nothing they can do and it is permanent, which causes major issues from the spine down his legs.

	c.  He was injured on 31 March 2012 and was told it was a severe muscle strain that it would take over a month and a half to heal.  After sitting on the sidelines for 3 weeks unable to train due to the injury and being told he was looking at a day-1 restart, he asked to go home to heal instead.

	d.  Every written report he received for missing training was due to his injury.

	e.  After he went home, the injury never healed and actually got worse.  Magnetic resonance imaging (MRI) was performed after his right leg went limp.  He found out the Army doctor was wrong and the bottom disc in his spine is damaged and hitting a nerve.  The neurosurgeon says there is nothing they can do.  Before the injury, he was in the top five in his platoon, making graduation scores before he got there.

	f.  After checking his medical paperwork, he noticed an error in the doctor's paperwork when he was initially examined.  The doctor had written "no muscle spasms," but his back did spasm constantly when he was injured.  He told the doctor, but he ignored it.

	g.  Before the injury, he was more than capable of meeting the standards and passed all requirements.  He scored 220 on the Army Physical Fitness Test (APFT) while he was sick.

	h.  He could not respond to counseling as he physically could not do the training.  He was struggling to even stand.  He couldn't even keep pace with the platoon in formation and had to walk separately.

	i.  Even on the way out, he attempted to uphold the Army creed and ethos to the best of his ability.  He attempted to help the best he could all the way until he was sent home.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Department of Veterans Affairs (VA) medical records
* MRI film

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 5 March 2012 for 3 years and 30 weeks.

2.  He was counseled for:

* non-completion of mandatory training (three times)
* failure to live the Soldiers' Creed and Warrior Ethos, disregard for the Army Value of Respect, and a lack of motivation by displaying emotions of not wanting to be there after being counseled
* pending entry-level separation

3.  He provided service medical records, dated April 2012, which show he was treated for back pain.



4.  On 20 April 2012, an x-ray of his back was taken and showed the following findings:

* vertebral body alignment was normal
* bodies and disc spaces were intact
* no fracture or dislocation was seen
* no compression deformity, spondylosis, or spondylolisthesis was noted
* sacroiliac joints were normal
* mild lower thoracic degenerative changes were noted

5.  The x-ray impression was negative lumbar spine and mild lower thoracic degenerative changes.

6.  His Enlisted Record Brief (ERB), dated 1 May 2012, shows his physical profile rating as 111111.

7.  Discharge proceedings were initiated on 4 May 2012.  The unit commander cited the applicant's inability to meet the minimum standards for successful completion of training due to lack of aptitude, ability, motivation, and self-discipline; failing numerous APFTs; having character and behavior characteristics that were not compatible with satisfactory continued service; and failing to respond to counseling.  On 8 May 2012, the separation authority approved the recommendation for discharge.

8.  On 15 May 2012, he was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11, by reason of entry-level performance and conduct.  He completed 2 months and 11 days of creditable active service.

9.  He provided VA medical records, dated 2013 and 2014, which show he was treated for low back pain.  An MRI was conducted in January 2014 and showed the following findings:

* no prior radiographs of the lumbosacral spine were available
* there were five non-rib-bearing lumbar-type vertebral bodies
* no displaced fracture of malalignment was identified
* there was mild degenerative disc disease with intervertebral disc space narrowing and small osteophyte formation at T10-T11 and T11-T-12
* vertebral body heights and intervertebral disc spaces were otherwise within normal limits
* the bilateral sacroiliac joints appeared normal

10.  In April 2014, the Army Discharge Review Board denied his request for a change in his discharge.

11.  Army Regulation 40-501 (Standards of Medical Fitness), chapter 7 (Physical Profiling), provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing and if reclassification action is warranted.  Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES):

* P – physical capacity or stamina
* U – upper extremities
* L – lower extremities
* H – hearing and ears
* E – eyes
* S – psychiatric

12.  The numerical designator of 1 under all factors indicates an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.  A physical profile rating of 2 under any or all factors indicates an individual possesses some medical condition or physical defect which may require some activity limitations.

13.  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.

14.  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.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been medically discharged because he injured his back during basic training.

2.  He also contends his back condition was misdiagnosed by Army medical authorities.  However, the medical evidence of record shows his back was 
x-rayed in April 2012 with the following findings:

* vertebral body alignment was normal
* bodies and disc spaces were intact
* no fracture or dislocation was seen
* no compression deformity, spondylosis or spondylolisthesis was noted
* sacroiliac joints were normal
* mild lower thoracic degenerative changes were noted

3.  His ERB shows his physical profile rating was 111111 on 1 May 2012.  The numerical designator of 1 under all factors indicates an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.

4.  Since there is no evidence showing he could not perform his duties while serving on active duty, 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 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)                                         AR20140013149



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ABCMR Record of Proceedings (cont)                                         AR20140013149



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