IN THE CASE OF: BOARD DATE: 22 September 2016 DOCKET NUMBER: AR20160014122 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: 22 September 2016 DOCKET NUMBER: AR20160014122 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is insufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20150010287, dated 7 July 2016. _____________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: 22 September 2016 DOCKET NUMBER: AR20160014122 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). CONSIDERATION OF ADDITIONAL EVIDENCE: 10. On 1 July 2016, new information was received from the applicant regarding the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150010287, dated 7 July 2016. 11. The evidence submitted consists of the applicant's comments/rebuttal to the advisory opinion, dated 25 May 2016, from the U.S. Army Medical Activity, Fort Riley, KS, Integrated Disability Evaluation System provider, Dr. B____. In addition, she provides DA Form 2173 (Statement of Medical Examination and Duty Status), dated 29 August 2012 with additional treatment records showing her treatment for hip pain. She provides a statement, from an unknown individual, dated 25 August 2013. The applicant requests the Board reject any recommendations or conclusions provided by Dr. B. a. She enlisted in the Army National Guard on 30 November 2011, and participated one weekend a month in regularly scheduled unit training assemblies. These assemblies included agility tests such as running, sit-ups, push-ups, and obstacle courses, all of which were timed. She was physically active and able to perform all of these activities. When she left basic training due to her knees and hips, she was barely able to walk. b. The conclusion reached by Dr. B which asserts she suffered from some pre-existing condition with her hips or knees is clearly unsubstantiated. Her DA Form 2173 completed at basic training shows her injuries were incurred in line of duty. Her medical records show she was placed on convalescent leave because she could not perform her duties. She had numerous medical tests showing she had ?inferior pubic rami and left superior pubic ramus? and stress fractures in her knees and left foot. c. Dr. B recommended she be discharged under the provisions of paragraph 5-11 (Separation of personnel who did not meet procurement medical fitness standards) of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations). The applicant states there is nothing in her records to indicate she was not medically/physically qualified at the time of her enlistment. Her records to include her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was discharged under the provisions of paragraph 5-17 (Other designated physical or mental conditions) of Army Regulation 635-200. She is not certain how she was discharged under paragraph 5-17 when she was evaluated by Dr. B who said to discharge her under paragraph 5-11. In the regulation she read, it stated: …a Soldier qualifies for separation under this chapter if [a] Soldier displays unsatisfactory performance or unsatisfactory conduct (or both) as evidenced by inability, lack of reasonable effort, of failure to adapt to the military environment or minor disciplinary infractions. She asserts she did not have these issues. Her issues were related to her injury at basic training and her injury was not a pre-existing condition. Because of her injury she was not able to complete her training as an officer candidate. Her DD Form 214 must be changed so she can receive education benefits through the Department of Veterans Affairs (VA). She asserts she is entitled to education benefits. d. The statement, dated 25 August 2013, indicates the individual knew the applicant prior to her entry in the service. The applicant had no issues with her knees, hips, or back prior to her entry in the service. She had always been physically active. After she returned from training, the applicant was unable to walk without a limp and had a very difficult time with movement in her lower body. Though she no longer walks with a limp, she still has complaints with her hips, back, and knees. She is no longer as physically active due to her inability to run. ADDITIONAL REFERENCES: 4. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Solder is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. a. The medical treatment facility commander with the primary care responsibility will evaluate those referred to him or her and will, if it appears as though the member is not medically qualified to perform duty or fails to meet retention criteria, refer the member to a medical evaluation board. Those members who do not meet medical retention standards will be referred to a physical evaluation board for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition. b. The mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability. The overall effect of all disabilities present in an individual whose physical fitness is under evaluation must be considered both from the standpoint of how the disabilities affect the individual’s performance, and requirements which may be imposed on the Army to maintain and protect him or her during future duty assignments. 5. Title 10, U.S. Code, section 1552 states the Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice. ADDITIONAL DISCUSSION: 5. At the time of the decision of the ABCMR in Docket Number AR20150010287 on 7 July 2016, it was the intent of the ABCMR to make the applicant's record as administratively correct as it should properly have been at the time. 6. The ABCMR's decision in Docket Number AR20150010287 did not consider the applicant's comments/rebuttal to the advisory opinion. 7. Dr. B noted stress changes and fractures of bone are extremely common. The vast majority of cases heal and resolve with activity reduction, gradual return to activity, and reconditioning. They resolve without any long lasting sequelae, pains, or problems. 8. Although Dr. B recommended the applicant be processed under the provisions of paragraph 5-11, it is the separation authority's decision as to under what authority an individual is separated. The applicant suffered an in line of duty injury while attending basic training. Chapter 5 of Army Regulation 635-200 authorizes separation of enlisted personnel for the convenience of the government. A separation under paragraph 5-11 was not appropriate. The separation authority discharged the applicant under paragraph 5-17 of Army Regulation 635-200. However, this decision does not undermine Dr. B's medical opinion concerning stress changes and fractures. As the applicant could not complete her military basic training within a reasonable period of time due to her injuries, she was separated for the convenience of the government and not under the provisions of the medical disability evaluation system. 9. The law permits the VA to award compensation for disabilities which were incurred in or aggravated by active military service. However, an award of a VA rating does not establish an error or injustice in an Army record nor does the Board correct a record to establish benefit entitlements such as education benefits. 10. Due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS ABCMR Record of Proceedings AR20160014122 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS Enclosure 1 ABCMR Supplemental Record of Proceedings (cont) AR20160014122 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS Enclosure 2