IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150008670 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: 28 July 2016 DOCKET NUMBER: AR20150008670 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: 28 July 2016 DOCKET NUMBER: AR20150008670 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was medically discharged. 2. The applicant states his DD Form 214 is not correct. He was sent back to the National Guard in Fresno, California from Fort Benning, Georgia, because of his physical condition. He had neck surgery at Fort Benning, Georgia, in 2009 and has a 30% disability rating from the Department of Veterans Affairs (VA). 3. The applicant provides copies of– * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 11 June 2009 * DD Form 214 * St. Francis Spine and Neurosurgery Center medical reports * permanent disability retirement orders * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the California Army National Guard (CAARNG) on 18 November 2008. 2. A DA Form 2173 shows he was seen at Troop Medical Clinic #7, Martin Army Community Hospital, Fort Benning, GA, on 8 May 2009. Item 15 (Details of Accident or History of Disease) shows he had developed neck and right shoulder pain after carrying a rucksack during training and had a herniated disc in his neck. 3. In a 5 June 2009 medical report Dr. T_____ R. W____, St. Francis Spine and Surgery Center, indicated that a 28 May 2009 cervical MRI showed the applicant had a large herniated disc at C6-7. He recommended a C6-7 anterior diskectomy and fusion. He further indicated the applicant should stay on a maximum physical profile until the surgery was completed and then a 30-day convalescent leave at home. He should not return to full military training for five months and should be able to return to full military duties once healed. 4. In a 15 October 2009 medical report Dr. W_____ indicated the applicant had surgery on 12 June 2009 and he had been going back and training, exercising, ruck marching, and running, but it caused substantial pain at the base of the neck and across the shoulders. The x-rays showed that the healing was progressing but not complete. Dr. W____ stated it was going to take at least six more months before the applicant had full healing and recovery. He indicated the applicant should give it six more months before attempting military training again. 5. A DD Form 214 shows he served on active duty from 31 March to 22 October 2009 when he was honorably released from active duty and returned to the CAARNG. He had completed 6 months and 21 days of active duty training (ADT). Item 25 (Separation Authority) shows "AR 635-200, PARA 5-17." Item 28 (Narrative Reason for Separation shows, "CONDITION NOT DISABILITY." 6. A DD Form 215 (Correction to DD Form 214) shows the following statement was added to item 18 (Remarks) of the DD Form 214, "RELEASE FROM ADT DUE TO A MEDICAL CONDITION DETAILED IN A LINE OF DUTY." 7. Order D 279-14, U. S. Army Physical Disability Agency (PDA), dated 6 October 2014, shows the applicant was permanently retired due to physical disability effective 10 November 2014. His disability rating is 30%. 8. NGB Form 22 shows the applicant was honorably discharged and placed on the permanent disability retired list effective 10 November 2014. 9. His record contains a DA Form 199-1 (Formal Physical Evaluation Board (PEB) Proceedings), dated 11 September 2014. The proceedings show the PEB found the applicant physically unfit, recommended a rating of 30% and that he be retired due to permanent disability. Section III (Medical Conditions Determined to be Unfitting) Disability 1 shows, in part, that the onset of the symptoms occurred while the applicant was assigned to basic training at Fort Benning, Georgia in May 2009. He experienced some pain during ruck marches and wearing of body armor. An MRI on 14 July 2009 revealed a herniated disc that required surgery. His C6-C7 were fused. After he rested for six months he returned to his unit and two months later he again experienced pain. He was re-imaged and underwent another C5-C6 fusion in June 2011. Despite the surgeries and medication the pain persists. This is unfitting because he is unable to wear his combat gear or helmet, perform physical activities or live in an austere environment. REFERENCES: 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. Paragraph 2-24b(1) states the USAPDA will issue retirement orders for Soldiers pending permanent retirement for physical disability. DISCUSSION: 1. The applicant contends his 22 October 2009 DD Form 214 should be corrected to show he was medically discharged. 2. He developed a herniated disc while in basic training in 2009. 3. There is no available evidence showing the applicant was disabled and not able to perform his military duties while on active duty. 4. The PEB was conducted after he left active duty resulting in his retirement due to permanent disability effective 10 November 2014. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008670 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008670 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2