IN THE CASE OF:	

		BOARD DATE:	  3 September 2015

		DOCKET NUMBER:  AR20140021101 


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 her military records to show she was medically discharged instead of being honorably discharged for weight control failure.

2.  The applicant states:

	a.  She should have been medically discharged because she has had multiple sclerosis (MS) since 2010 according to her neurologist.

	b.  The reason she could not lose weight or perform physical training (PT) was due to her illness which was not known at that time.  Her body could not take the stress of PT.  Her body would shut down automatically when it overheated.

	c.  No one was aware of this until her neurologist recognized it and diagnosed this issue as part of her MS.

3.  The applicant provides:

* letter from her neurologist, dated 1 May 2014
* Department of Veterans Affairs (VA) medical records

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 20 October 2009 and trained as a network switching systems operator-maintainer.

2.  Her records are void of the specific facts and circumstances surrounding her discharge action.  However, the separation authority action, dated 17 July 2012, shows discharge proceedings were initiated against her for separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 18, for failure to meet body fat standards.  The separation authority approved the recommendation for discharge and directed the issuance of an honorable discharge.

3.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was honorably discharged on 3 September 2012 under the provisions of Army Regulation 635-200, chapter 18, for weight control failure.  She completed 2 years, 10 months, and 14 days of creditable active service.

4.  She provided a letter from her neurologist, dated 1 May 2014, which states:

* the applicant was seen in the Neurology Clinic for MS
* she has reviewed the applicant's detailed history
* the applicant first developed neurologic symptoms during basic training in 2010
* she had numbness in her left ankle while running, always at the 1.5 mile mark
* then it would go away once she stopped running
* she complained of this and saw health providers for it
* she was worried that she might step in a pothole and hurt herself because she couldn't feel her foot striking the ground
* she stated it was initially attributed to lower back problems
* she has this problem to this day if she runs 1.5 miles, even on a treadmill
* she was later diagnosed with MS in September 2012
* in retrospect, the first symptoms occurred in basic training in 2010
* those symptoms that come with exercise and resolve after resting are typical for Uhthoff's phenomenon that occurs in MS

5.  She also provided numerous VA medical records which show she was treated for multiple conditions, including lower back pain, ankle joint pain, and knee pain. 
Her medical records also show:

	a.  she was treated for left ankle pain that was the result of an injury that occurred in basic training; and 

	b.  she re-injured the same ankle while deployed to Iraq.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 18 states Soldiers who fail to meet the body fat standards set forth in Army Regulation 600-9 (The Army Weight Control Program) shall be separated under this provision when it is the sole basis for separation.  The Soldier must be given a reasonable opportunity to comply with and meet the body fat standards.  If no medical condition exists and if the individual fails to make satisfactory progress in the program after a period of 6 months, then initiation of separation or imposition of a bar to reenlistment is required.  The service of Soldiers separated under this chapter will be characterized as honorable.

7.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  It states the mere presence of impairment does not, in itself, justify a finding of unfitness because of physical disability.  In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of his or her office, grade, or rank.  Disability compensation is not an entitlement acquired by reason of a service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in the service.  When a Soldier is being processed for separation for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the Soldier is scheduled for separation or retirement indicates that a Soldier is fit.

8.  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.

9.  Information obtained from the Medscape website, a part of the WebMD Health Professional Network, regarding MS clinical presentation states attacks or exacerbations of MS are characterized by symptoms that reflect central nervous system involvement.  The sine qua non (indispensable and essential condition) of MS is that symptomatic episodes are "separated in time and space" – that is, episodes occur months or years apart and affect different anatomic locations.  As an example, a patient may present with paresthesia (tingling or pricking sensation) of a hand that resolves, followed a few months later by weakness in a leg or visual disturbances (e.g., diplopia).  In addition, the duration of the attack should be longer than 24 hours.  Presentation of MS often varies among patients.  Some patients have a predominance of cognitive changes while others present with prominent ataxia, hemiparesis, or paraparesis, depression, or visual symptoms.  Additionally, it is important to recognize that the progression of physical and cognitive disability in MS may occur in the absence of clinical exacerbations.  Classic MS symptoms are as follows:
* 
sensory loss (i.e., paresthesias) – usually an early complaint
* spinal cord symptoms (motor) – muscle cramping secondary to spasticity
* spinal cord symptoms (autonomic) – bladder, bowel, and sexual dysfunction
* cerebellar symptoms – Charcot's triad of dysarthria, ataxia, and tremor
* optic neuritis
* trigeminal neuralgia – bilateral facial weakness or trigeminal neuralgia
* facial myokymia (irregular twitching of the facial muscles) – may also be a presenting symptom
* eye symptoms – including diplopia on lateral gaze – these occur in 33 percent of patients
* heat intolerance
* constitutional symptoms – especially fatigue (which occurs in 70 percent of cases) and dizziness – fatigue must be differentiated from depression (which may, however, coexist), lack of sleep, and exertional exhaustion due to disability
* pain – occurs in 30-50 percent of patients at some point in their illness
* subjective cognitive difficulties – with regard to attention span, concentration, memory, and judgment
* depression – a common symptom
* euphoria – less common than depression
* bipolar disorder or frank dementia – may appear late in the disease course but is sometimes found at the time of initial diagnosis
* symptoms associated with partial acute transverse myelitis

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should have been medically discharged rather than honorably discharged because she has had MS since 2010.  However, there is no medical evidence and she provided no medical evidence which shows she was diagnosed with MS while serving on active duty or that she presented symptoms of MS during basic training in 2010.

2.  There is insufficient medical evidence to reasonably establish a connection to her diagnosed MS (post separation) as the reason for weight gain, inability to lose weight, or inability to perform physical activity.

3.  A review of the VA medical records provided by the applicant reveal treatment for left ankle pain that was the result of an injury that occurred in basic training.  Another service record notes re-injury of the same ankle occurring while deployed to Iraq.

4.  The opinion of the applicant's neurologist is noted.  However, the opinion may be premised on assumptions, as it would be difficult to determine when the applicant's on set diagnosis of MS actually occurred.  It is speculative to suggest the applicant's MS initially presented while she was in basic training in 2010.

5.  There is no evidence of record and the applicant did not provide any evidence showing a medical condition rendered her unable to perform her duties on 3 September 2012.

6.  In the absence of evidence to the contrary, it must be presumed that the applicant's separation processing was administratively correct and in conformance with applicable regulations.  Without the discharge packet to consider, it is presumed the authority and reason for her separation was commensurate with her overall record of service.

7.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x____  DENY APPLICATION

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)                                         AR20140021101



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ABCMR Record of Proceedings (cont)                                         AR20140021101



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