BOARD DATE: 30 April 2020 DOCKET NUMBER: AR20180002801 APPLICANT REQUESTS: honorable discharge due to physical disability in lieu of uncharacterized discharge due to condition, not a disability APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * outpatient medical record, dated 5 April 2017 * partial DD Form 2697 (Report of Medical Assessment), dated 10 April 2017 * Fort Jackson Form 689-R (Sick Slip), dated 11 April 2017 * Moncrief Army Health Clinic, Physical Therapy memorandum dated 11 April 2017 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * illegible Department of Veterans Affairs (VA) letter FACTS: 1. The applicant states she is requesting her reason for separation be changed to medical reasons. She was discharged for medical reasons as a result of injuries she sustained in Basic Combat Training (BCT). She received disability ratings from the VA for her service-connected injuries. 2. The applicant enlisted in the Regular Army on 27 February 2017. 3. She provided an outpatient medical record, dated 5 April 2017, which shows: a. She was seen at the Troop Medical Clinic (TMC) at Fort Jackson, SC, on the date of the form for a urinary tract infection and leg pain. She complained of urinary frequency and incontinence for the past three weeks and right lower extremity pain. b. She stated she fell on the horizontal rope the day prior at the confidence course and twisted her right ankle after entangling it in the net. She complained of right ankle and foot pain and swelling, which was worse with weight bearing and better with rest. Her right knee and proximal tibia were also noted to be swollen. She stated she had been having knee pain for 2 weeks and denied injury or trauma to the region. Her knee pain was worse with running, kneeling and better with standing or sitting with legs in extension. 4. The applicant provided a partial DD Form 2697, dated 10 April 2017, which shows: * she was diagnosed with leg pain on 5 April 2017 and treated by the TMC and physical therapy * on 10 April 2017 her physical therapist recommended her for an Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) paragraph 5-17 discharge for other designated physical or mental conditions * her leg pain was preventing her from training * she was not referred for further evaluation 5. She provided a Sick Slip, dated 11 April 2017, which shows she was prescribed Ibuprofen for her multiple lower extremity stress and given a restrictive physical profile to walk at her own pace and distance, carry up to 10 pounds, and stand up to 15 minutes. She did not require a follow-up appointment as she was recommended for discharge. 6. A memorandum from the applicant’s physical therapist at Moncrief Army Health Clinic, dated 11 April 2017, states: a. The applicant was being seen at the Physical Therapy Clinic for multiple lower extremity stress injuries as a result of the normal physical activities required in training (standing, marching, running, jumping). She had diagnostic studies to rule out significant injuries and they showed she was developing stress injuries in multiple areas of the femur, tibia, and navicular bones, but that they had not progressed to full fractures at that time. b. Because these injuries developed within the first few weeks of BCT, the findings indicate her bones may not be as conditioned as they need to be to tolerate the stresses of Initial Entry Training (IET) without progression to a more serious injury. Because this is a bone health and structural issue and not an injury that can resolve quickly, the applicant was not a candidate for the Warrior Training and Rehabilitation Program (WTRP). The bone stress injuries would resolve with rest once the applicant was out of the military training environment and would not cause further problems that would need to be addressed by a medical provider. Once resolved, the applicant would need to strengthen her bones to prevent this from being a recurring problem. c. The physical therapist felt that the applicant’s separation from the military was in her best interest. The applicant was not a candidate for an existed prior to service (EPTS) injury nor did she meet the criteria for a Medical Evaluation Board (MEB). The therapist recommended the applicant’s discharge under the provisions of Army Regulation 635-200, paragraph 5-17, for a condition, not a disability. 7. A DA form 3822 (Report of Mental Status Evaluation), dated 12 April 2017, shows the applicant was a self-referral for a behavioral health evaluation. She was diagnosed with other problems related to employment that were non-contributory to her other medical diagnoses. She had no duty limitations due to behavioral health reasons and met medical retention standards. She was cleared for administrative action. 8. A DA Form 4856 (Developmental Counseling Form), shows the applicant was counseled on 13 April 2017 to inform her of her pending discharge under the provisions of Army Regulation 635-200, paragraph 5-17, other designated physical or mental conditions based on her multiple lower extremity stress injuries. 9. A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 25 April 2017, shows: a. The applicant was seen at the Moncrief Army Health Clinic on 5 April 2017 for pain in the right thigh and knee, pain in the right ankle and joints of the right foot. She stated she was injured when she fell off the rope at the Confidence Course in BCT. b. The details of the accident contain remarks stating the applicant sustained injury over time due to elevated physical fitness requirements normally associated with IET. And a formal Line of Duty (LOD) investigation was required. On 31 May 2017, an LOD investigation found the injury was incurred in the LOD. 10. On 13 June 2017, the applicant’s immediate commander notified her of his initiation of action to separate her under the provisions of Army Regulation 635-200, paragraph 5-17, for other designated physical or mental conditions with a service characterization of uncharacterized. She was advised of her right to consult with counsel and submit written statements in her behalf. 11. On 13 June 2017, the applicant acknowledged receipt of the separation notice and the right available to her. On 14 June 2017, having been advised of her rights and the basis of her separation, she indicated she waived the right to speak with counsel and did not wish to provide a statement in her behalf. 12. On 14 June 2017, the approval authority directed the applicant’s separation from the Army under the provisions of Army Regulation 635-200, paragraph 5-17, for other designated physical or mental conditions, with her service characterization as uncharacterized. 13. The applicant’s DD Form 214 shows she was discharged accordingly due to a condition, not a disability on 21 June 2017, after 3 months and 25 days of net active service. Her service was uncharacterized. 14. The applicant provided a VA letter, which appears to be dated 14 December 2017 and is otherwise illegible. It presumably outlines the VA service-connected disability rating for an unspecified condition, which the applicant refers to in her application. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions, her military service record, and regulatory guidance were carefully considered. In addition, the Board considered her medical records, VA documents provided by the applicant, and published DoD guidance for liberal consideration of discharge upgrade request. However, the Board found insufficient evidence of in-service mitigating factors for an upgrade. 2. The governing regulation provides that a separation will be described as an entry- level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status. As such, her DD Form 214 properly shows her service as uncharacterized. 3. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation was not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, U.S. Code, chapter 61, provides the Secretaries of the Military Departments with authority to retire or discharge a member if they find the member unfit to perform military duties because of physical disability. The U.S. Army Physical Disability Agency is responsible for administering the Army physical disability evaluation system and executes Secretary of the Army decision-making authority as directed by Congress in chapter 61 and in accordance with DOD Directive 1332.18 and Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). a. Soldiers are referred to the disability system when they no longer meet medical retention standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, as evidenced in an MEB; when they receive a permanent medical profile rating of 3 or 4 in any factor and are referred by an MOS Medical Retention Board; and/or they are command-referred for a fitness-for-duty medical examination. b. The disability evaluation assessment process involves two distinct stages: the MEB and PEB. The purpose of the MEB is to determine whether the service member's injury or illness is severe enough to compromise his/her ability to return to full duty based on the job specialty designation of the branch of service. A PEB is an administrative body possessing the authority to determine whether or not a service member is fit for duty. A designation of "unfit for duty" is required before an individual can be separated from the military because of an injury or medical condition. Service members who are determined to be unfit for duty due to disability either are separated from the military or are permanently retired, depending on the severity of the disability and length of military service. Individuals who are "separated" receive a one-time severance payment, while veterans who retire based upon disability receive monthly military retired pay and have access to all other benefits afforded to military retirees. c. The mere presence of a medical impairment does not in and of itself justify a finding of unfitness. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform because of his or her office, grade, rank, or rating. Reasonable performance of the preponderance of duties will invariably result in a finding of fitness for continued duty. A Soldier is physically unfit when a medical impairment prevents reasonable performance of the duties required of the Soldier's office, grade, rank, or rating. 2. Army Regulation 635-40 establishes the Army Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability. a. Paragraph 3-2 states disability compensation is not an entitlement acquired by reason of 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 military service. b. Paragraph 3-4 states Soldiers who sustain or aggravate physically-unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement and severance pay benefits: (1) The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training. (2) The disability must not have resulted from the Soldier's intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence. 3. Army Regulation 40-501 (Standards of Medical Fitness), provides policies and procedures on medical fitness standards for induction, enlistment, appointment, and retention. Paragraph 3-33 (anxiety, somatoform, or dissociative disorders) states the causes for referral to an MEB are as follows: * persistence or recurrence of symptoms sufficient to require extended or recurrent hospitalization; or * persistence or recurrence of symptoms necessitating limitations of duty or duty in protected environment; or * persistence or recurrence of symptoms resulting in interference with effective military performance 4. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier is in an entry-level status at the time separation action is initiated. b. Paragraph 5-17 states a service member may be separated for other designated physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty. A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition. Members may be separated for physical or mental conditions not amounting to disability sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired. A Soldier being separated under this section will be awarded a character of service of honorable, under honorable conditions, or an entry- level separation. c. Section II (Terms) of the Glossary defines entry-level status for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. For ARNG and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II of Advanced Individual Training. 5. Title 38, U.S. Code, sections 1110 and 1131, permits the VA to award compensation for disabilities that were incurred in or aggravated by active military service. However, an award of a higher VA rating does not establish error or injustice on the part of the Army. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. The VA does not have the authority or responsibility for determining physical fitness for military service. The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge, to compensate the individual for loss of civilian employability. These two government agencies operate under different policies. Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180002801 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1