IN THE CASE OF:	  

		BOARD DATE:	  7 April 2015

		DOCKET NUMBER:  AR20140013883 


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 records to show he was medically discharged with entitlement to veterans' benefits.

2.  The applicant states that during his processing at the Military Entrance Processing Station (MEPS) a technician took x-rays of his right knee.  His knee was evaluated and he was cleared for entrance into military service.

   a.  He states that he was ordered to active duty for training (ADT).  The first diagnosis on his right knee occurred at the hospital at Fort Sill, OK.  He was diagnosed with a torn lateral collateral ligament (LCL) or other possible ligament damage.  However, after leaving the emergency room he was informed that his prior history of an anterior cruciate ligament (ACL) injury and surgery and his arthritis were contributing factors.  He requested an magnetic resonance imaging (MRI) to obtain proof that he did not tear anything in his knee.

   b.  He states that he experiences pain on a daily basis due to the right knee injury and his knee sometimes "gives out."  This is not due to arthritis.  It is likely that he will require surgery to correct the injury that he sustained during his ADT.  He believes the government should evaluate his knee and perform the necessary medical procedures to repair the injury.  In addition, his discharge should be corrected to an honorable discharge based on a permanent disability.

3.  The applicant provides copies of his DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), medical records, and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:

1.  A DD Form 2807-2 (Medical Prescreen of Medical History Report), dated 
22 February 2013, shows in –

(1)  item 2 (Have you ever had or do you now have), block b (Explain all "Yes" answers to questions), in pertinent part, "30 May 2002, age 16, Treatment Facility:  The Children's Hospital of Philadelphia, Philadelphia, PA; Explanation:  Right knee anterior cruciate ligament reconstruction using soft tissue Cryolife tendoachilles allograft with press fit technique distally and staple fixation proximal to the level of the physis in a skeletally immature patient; Doctor:  G____."

(2)  item 10 (Physician's Summary and Elaboration of All Pertinent Data), in pertinent part, "anterior cruciate ligament rupture (right), repair of tear, reconstruction with allograft, 30 May 2002."

2.  A DD Form 2808 (Report of Medical Examination) completed on 12 March 2013 for the purpose of the applicant's enlistment in the U.S. Army shows, in pertinent part, in –

* item 77 (Summary of Defects and Diagnoses):  "Right ACL reconstruction with allograft on 30 May 2002 fix R___ [indecipherable], no hardening"
* item 78 (Recommendations – Further Specialist Examinations Indicated):
"Orthopedic consult – right knee stable and cleared for military duties – 
29 May 2013"
* item 74 (Examinee/Applicant), he was found qualified for military service

3.  The applicant enlisted in the U.S. Army Reserve on 18 June 2013 for a period of 8 years.  At the time he was 27 years of age.  On 8 July 2013, he enlisted in the Regular Army for a period of 3 years and 18 weeks.

4.  A DA Form 4707, dated 29 July 2013, shows the applicant was diagnosed with conditions that existed prior to service (EPTS); specifically, "right knee pain and osteoarthritis, right knee."

   a.  A history of the present illness shows, "Army Soldier with a history of right knee ACL reconstruction in 2001 as a result of an injury in 2000.  This was disclosed to MEPS and he was sent for an orthopedic consult and was allowed to enlist without a waiver.  He admits to doing well with his knee, but did not 


participate in strenuous physical activity.  He does admit to starting with some knee pain when preparing to come to BCT [basic combat training], especially with running.  He admits to some right knee pain while in reception due to the marching and prolonged standing.  He was seen in the ER [emergency room] after he had sharp pain in his right knee and a feeling of weakness with normal training activities.  He sustained no injury to his knee while at Fort Sill.  He continues with pain with any type of strenuous activity.  An x-ray was done of the right knee which showed evidence of previous right ACL reconstruction along with osteoarthritis in both the medial and lateral joint compartments.  Due to his previous history and current symptoms which will prevent satisfactory completion of training, EPTS is recommended.

   b.  The EPSBD found that the applicant was medically unfit for enlistment (i.e., he did not meet medical retention standards of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3) and the opinion of the evaluating physicians was that the condition(s) existed prior to service.

	c.  The medical approving authority approved the findings of the board.

5.  On 7 August 2013, the applicant was counseled by his commanding officer, He was informed of the medical findings of the EPSBD and of the proposed separation under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), chapter 5 (Separation for Convenience of the Government), paragraph 5-11, based on separation of personnel who did not meet procurement medical fitness standards.

	a.  He was advised of his rights and the separation procedures involved.

   b.  He waived representation by military and civilian counsel.
   
   c.  He concurred with the EPSBD proceedings and requested discharge from the U.S. Army without delay.

6.  On 9 August 2013, the discharge authority approved the separation action.

7.  The applicant's DD Form 214 shows he entered active duty on 8 July 2013 and he was discharged on 23 August 2013.  He completed 1 month and 16 days of net active service this period.  It also shows in –

* item 24 (Character of Service):  "Uncharacterized"
* item 25 (Separation Authority):  AR 635-200, Paragraph 5-11

* item 28 (Narrative Reason for Separation):  "Failed Medical/Physical/ Procurement Standards"
* item 21a (Member Signature):  the applicant digitally signed the document

8.  On 27 August 2013, the applicant submitted an application to the Army Discharge Review Board (ADRB) for an upgrade of his discharge and entitlement to veterans' benefits because he had been medically clearly for military service. On 14 May 2014, the ADRB notified the applicant that it determined the reason for his discharge and the character of his service were both proper and equitable.  Accordingly, the ADRB denied the relief requested by the applicant.

9.  In support of his application the applicant provides the following documents.

   a.  St. Luke's Family Medicine Center, Bethlehem, PA, medical record, dated 6 February 2013, that shows the applicant was seen for a military physical and he reported a history of ACL repair in 2002.  The examining physician found, in pertinent part, the applicant's right knee appeared stable with full range of motion and appeared at low risk for injury.

   b.  Standard Form 513 (Medical Record – Consultation Sheet), dated 29 May 2013, and U.S. Military Entrance Processing Command, Medical Specialty Consultations, memorandum, dated 29 May 2013, that show the applicant was evaluated for his right knee history of ACL repair due to an accident that occurred in August of 2000.  It shows there were no records available for review of all of the history of pain with the examination; information was obtained directly from the applicant.  The applicant reported no complaints referable to his right knee. The orthopedic surgeon's final diagnosis of the applicant's condition was "ACL tear right knee."  He also found he exhibited excellent strength and full function of both lower extremities and concluded that he should have no difficulty performing all functions and military duty.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-11, 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 or initial active duty for training may be separated.  Such conditions must be discovered during the first 6 months of active duty and will result in an EPSBD, which must be convened within the Soldier's first 6 months of active duty.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he was honorably discharged based on a permanent disability with veterans' benefits because he was cleared for entrance into military service despite his prior history of an ACL injury and surgery, he was diagnosed with a torn LCL or other possible ligament damage, and he continues to experience pain on a daily basis due to the right knee injury.

2.  Notwithstanding the applicant's contention that he was diagnosed with a torn LCL or other possible ligament damage (emphasis added), there is no evidence of record and he provides no evidence of such a diagnosis.

3.  On 29 May 2013, the applicant reported a right knee ACL injury that occurred in August 2000 and that he underwent surgical repair of the ACL in February 2001.  The orthopedic surgeon's diagnosis was "ACL tear, right knee."  The applicant was found qualified for military service and he entered active duty, on 
8 July 2013, at Fort Sill, OK.

4.  Records show an EPSBD was convened within the applicant's first month of active duty.

   a.  The applicant admitted to some knee pain when he was preparing for BCT (i.e., prior to his entry on active duty).  He also admitted to some right knee pain while in the reception area due to the marching and prolonged standing, and he confirmed that he did not sustain an injury to his knee while at Fort Sill.

   b.  The EPSBD found his condition was medically disqualifying under procurement medical fitness standards. 

   c.  Records show his commander counseled him on the medical findings and the reason for his separation, and that the applicant concurred with the EPSBD proceedings.  Prior to the applicant completing 180 days of active service, the separation authority directed the applicant be discharged.

5.  The applicant's administrative separation under the provisions of Army Regulation 635-200, paragraph 5-11, based on being not medically qualified under procurement medical fitness standards prior to entry on active duty was in compliance with all requirements of law and applicable regulations with no indication of procedural errors which would have jeopardized his rights.  In addition, the type of discharge directed and the narrative reason shown on the applicant's DD Form 214 are appropriate and correct.

6.  Therefore, there is an insufficient evidentiary basis to correct the applicant's records to show he was medically discharge based on a permanent disability.

7.  The Army Board for Correction of Military Records (ABCMR) does not grant requests for upgrade/change of discharges for the purpose of making the applicant eligible for veterans' benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.  Additionally, the granting of veterans' benefits is not within the purview of the ABCMR.  Any questions regarding eligibility for such benefits should be addressed to the Department of Veterans Affairs or appropriate government agency.

8.  In view of the foregoing, there is no basis for granting 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)                                         AR20140013883



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ABCMR Record of Proceedings (cont)                                         AR20140013883



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