IN THE CASE OF: BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20150014056 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20150014056 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. IN THE CASE OF: BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20150014056 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, in effect, correction of item 28 (Narrative Reason for Separation) on her DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states that following her discharge from the Army, the Department of Veterans Affairs (VA) granted her a combined service-connected disability evaluation of 10 percent (%). She wants her DD Form 214 to reflect “service-connected disability” for school purposes and for any future questions that may arise. 3. The applicant provides: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * DD Form 214 (Member 1 and 4 copies) * Release from Active Duty (REFRAD) Order * VA Letter dated 30 March 2012 * VA Benefits Details/Wartime Service Periods document * VA Rating Decision dated 13 July 2007 * DA Form 2808 (Report of Medical Examination) * DA Form 2807-1 (Report of Medical History) * two DA Forms 4700 (Medical Record-Supplemental Medical Data) * Standard Form 558 (Emergency Care & Treatment Record) * Standard Form 600 (Health Record – Chronological Record of Medical Care) 8 pages * DA Form 3349 (Physical Profile) * DA Form 4707-C (Entrance Physical Standards Board (EPSBD) Proceedings) 2 pages 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 Pennsylvania Army National Guard (PAARNG) on 11 July 2006 for a period of 8 years. On 3 August 2006, she entered active duty training. 3. A DA Form 4707 confirms an EPSBD met on 29 November 2006 to evaluate the applicant's fitness for service based on her chief complaint of bilateral arch pain. It shows the applicant indicated this condition started when she was a chef standing on her feet for 12 hours a day in shoes that did not proffer support. The diagnosis shows “bilateral plantar fasciitis that existed prior to service and not aggravated by service.” The evaluating physicians recommended the applicant be separated for not meeting the entrance standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 2-10b(7) for her condition. She was given a profile to suspend her training. 4. The appropriate medical authority approved the EPSBD's findings and recommendations on 30 November 2006. On 7 December 2006, the applicant concurred with the findings of the EPSBD and requested discharge from military service without delay. 5. On 15 December 2006, the applicant was discharged after completing 4 months and 13 days of creditable active duty service. The DD Form 214 issued to her at that time shows in: * item 24 (Character of Service) – “uncharacterized” * item 25 (Separation Authority) – “AR 635-200, para 5-11” * item 28 – “failed medical/physical/procurement standards" 6. She provides a VA rating decision showing the VA granted her a 10% service-connected disability evaluation based upon multiple, non-compensable, service-connected disabilities (right ankle sprain - 0% and residuals of left inferior pubic ramus stress fracture - 0%) effective 16 December 2006. The VA also denied service connection for the applicant’s bilateral plantar fasciitis and left ankle conditions. 7. She provides a DA Form 4700 dated 21 August 2006, which shows she complained of dropping and twisting her ankle while on an obstacle course on 21 August 2006. A Standard Form 568 dated 21 August 2006, shows she received medical treatment for a right ankle injury on 21 August 2006. 8. On 6 September 2016, after considering all of the medical evidence in this case, the Senior Medical Advisor, Army Review Boards Agency, provided: a. the applicant’s brief medical history revealed: * 21 August 2006 – an emergency room visit for right ankle sprain (x-ray with soft tissue swelling; no fracture) follow-up on 22 and 26 August 2006 * 30 August 2006 – right foot medial longitudinal arch tenderness (soft tissue) * 26 September 2006 – visit for left hip pain (x 2 weeks) and again on 3 October 2006 for left hip pain (no known direct trauma) X-ray left hip * 21 November 2006 – podiatry visit for left arch pain (left plantar fasciitis) * 29 November 2006 – issued temporary “lower extremity” profile for EPTS bilateral plantar fasciitis b. no evidence of a medical disability or condition that would support a change in the applicant’s character or reason for the discharge. 9. On 8 September 2016, the staff of the ABCMR forwarded a copy of the advisory opinion to the applicant for her comments or rebuttal. She did not respond. REFERENCES: 1. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for separation of enlisted personnel. Paragraph 5-11 specifically provides that Soldiers who are 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 conducted by an EPSBD, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six 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 of enlistment, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501. 2. Army Regulation 40-501 governs medical fitness standards for induction, enlistment, appointment, retention, and related policies and procedures. Chapter 2 provides for the physical standards for enlistment/induction and includes that, unless otherwise stipulated, the conditions listed in paragraphs 2-3 through 2-32 are those that would be disqualifying by virtue of current diagnosis, or for which the candidate has a verified past medical history. Paragraph 2-10b(7) states current neuroma of the ankle and foot that is refractory to medical treatment, or impairs walking, marching, running, or jumping, or prevents the proper wearing of military footwear, does not meet the standard. DISCUSSION: 1. The applicant indicates she received an uncharacterized discharge and contends her narrative reason for separation should be changed to show she was discharged for a service connected disability. Granting “service-connection” based on disabilities sustained in or aggravated by an individual’s military service is a function of VA. A post-service finding of service connection by the VA is not, generally, evidence of an error on the part of the Army. 2. The evidence of record shows shortly after entry on active duty, the applicant complained of bilateral arch pain, which limited her daily duties. She was diagnosed with bilateral plantar fasciitis. Consequently, an evaluation by an EPSBD found her medically unfit for this condition, which was neither incurred in nor aggravated by her active service. There was compelling evidence to support a finding that she had a preexisting condition as she indicated its onset began when she worked as a chef standing for 12 hours in unsupportive shoes. Accordingly, the EPSBD recommended her separation. She was counseled and advised of her rights, and she elected discharge from the Army without delay. 3. Her narrative reason for separation was assigned based on the fact that she was separated under the provisions of chapter 5-11 of Army Regulation 635-200 due to her EPTS condition that resulted in her failing medical procurement standards. It was not for any other reason. Absent the pre-existing medical condition, there was no fundamental reason for her records to be considered by an EPSBD. The underlying reason for her EPSBD was her EPTS condition. The only valid narrative reason for separation permitted under that paragraph is "Failed Medical/Physical/Procurement Standards." Her DD Form 214 accurately reflects the entries associated with the type of discharge she received. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014056 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014056 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS (ABCMR) RECORD OF PROCEEDINGS Enclosure 2