IN THE CASE OF: 

		BOARD DATE: 9 May 2023

		DOCKET NUMBER: AR20220009974


APPLICANT REQUESTS:  in effect, a physical disability discharge.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Discharge or Release from Active Duty)
*	Medical Records (22 pages)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states the reason for this request is because he broke his right/strong 
hand while serving and continues to experience pain and difficulties with normal daily 
functioning, which would have interfered with his ability to continue service. He works in 
an office and the injury limits his abilities and requires him to modify and adjust the
the way he carries out his manual duties. He entered service on 20 July 2015 and was 
separated on 25 January 2016, serving a total of 188 days.

3.  The applicant enlisted in the Army Reserve on 20 July 2015 for a period of 8 years. 
His DD Form 4 (Enlistment/Reenlistment Document) shows the following remarks:  

	a.  Enlistment is for the purpose of being placed on Active Duty to attend the United 
States Military Academy Preparatory School, West Point, NY (Class of 2016).

	b.  Failure to complete the course or non-selection to the United States Military 
Academy will result in immediate discharge from the service with no service obligation 
for those who entered USMAPS without a prior service obligation. For those who 
entered with a prior service obligation, AR 612-205 and other applicable legal 
authorities shall apply.

	c.  If selection for admission to the United States Military Academy, [the applicant] 
will be placed on administrative leave without pay status once all accrued leave is 
exhausted until the first day of admission (Reception Day) 27 June 2016 to the United 
States Military Academy.

	d.  Failure to report to attend the United States Military Academy for (Reception Day) 
27 June 2016 will result in immediate discharge from the service with no service 
obligation, subject to AR 612-205 and other applicable legal authorities.

4.  A DA Form 4187 (Personnel Action), dated 22 January 2016, shows [the applicant] 
is separated in accordance with (IAW) Army Regulation (AR) 635-200, Chapter 11, 
Paragraph 3a, (3) and/or (4) effective 6 June 2005.  [The applicant] did not adapt 
socially or emotionally to military life and requested to be released from any further 
military service.  

5.  An Enlisted Record Brief, dated 22 January 2016, shows the applicant’s physical 
profile as 111111.  

A physical profile, as reflected on a DA Form 3349 (Physical Profile) or DD Form 
2808, is derived using six body systems:  "P" = physical capacity or stamina; "U" = 
upper extremities; "L" = lower extremities; "H" = hearing; "E" = eyes; and "S" = 
psychiatric (abbreviated as PULHES). Each body system has a numerical 
designation: 1 meaning a high level of fitness; 2 indicates some activity limitations 
are warranted, 3 reflects significant limitations, and 4 reflects one or more medical 
conditions of such a severity that performance of military duties must be drastically 
limited. Physical profile ratings can be either permanent or temporary.

6.  The applicant was discharged on 25 January 2016 under the provisions of 
AR 635-200, Chapter 4 for non-retention on active duty. His DD Form 214 shows he 
was credited 6 months 6 days of net service this period. He was not awarded a military 
occupational specialty (MOS). His character of service is uncharacterized.  

7.  The applicant provided 22 pages of medical records documenting a fracture of the 
fifth metacarpal which occurred on or about 3 October 2015.  

8.  MEDICAL REVIEW:

    a.  The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting 
documents, the Record of Proceedings (ROP), and the applicant's available records in 
the Interactive Personnel Electronic Records Management System (iPERMS), the 
Armed Forces Health Longitudinal Technology Application (AHLTA), the Health Artifacts 
Image Management Solutions (HAIMS) and the VA's Joint Legacy Viewer (JLV).  The 
applicant requests medical disability discharge for right hand injury sustained while in 
service.

    b.  There were no abnormal findings in his military entrance exam (29Jan2015 DoD 
Medical Examination Review Board Report of Medical Exam DD Form 2351).  The 
applicant sustained two fractures in the fifth metacarpal of the right hand while playing 
football on 03Oct2015.  His hand was caught between two helmets.  The fracture was 
treated with cast immobilization, and pain medication as needed.  He was seen in follow 
up on 09Nov2015 Ortho Clinic during which he stated that he was doing well and not 
having any pain.  The exam showed stiffness in the 4th and 5th digit.  A film completed 
on the day of the visit showed stable alignment and the film was interpreted as being 
consistent with healing by the orthopedist.  The boxer’s cast was discontinued.  The 
plan was for him to use a splint during football and do ROM exercises.  He was to return 
for follow up in one month, and a repeat film.  The record did not show that the applicant 
returned.

    c.  There were no VA facility records available in JLV.  A Community Health 
Summary was available, but no information was available concerning an ongoing right 
hand condition.  The Enlisted Record Brief dated 02Mar2016 showed PULHES 111111.  
There were no records showing treatment for the right hand condition after discharge 
from service or current records showing ongoing functional impairment.  Based on 
records available for review, there was insufficient evidence to support that the applicant 
had a condition which failed medical retention standards of AR 40-501 chapter 3 at the 
time of discharge.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
Board considered the medical records, any VA documents provided by the applicant 
and the review and conclusions of the advising official. Based on records available for 
review, the Board determined there was insufficient evidence to support that the 
applicant had a condition which failed medical retention standards of AR 40-501 chapter 
3 at the time of discharge. Based on a preponderance of evidence, the Board 
determined that the reason for separation 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, 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 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.

2.  AR 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.  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.

   c.  Chapter 4 states a Solider will be separated upon expiration of enlistment or 
fulfillment of service obligation.  

	b.  Chapter 11 sets policy and provides guidance for the separation of Soldiers 
because of unsatisfactory performance and/or conduct while in entry-level status. 
Paragraph 11-3 states this policy applies to Soldiers who have demonstrated that they 
are not qualified for retention. The following conditions are illustrations of conduct and/or 
performance that disqualify soldiers for retention:

*	cannot or will not adapt socially or emotionally to military life
*	cannot meet the minimum standards prescribed for successful completion of 
training because of lack of aptitude, ability, motivation, or self-discipline
*	have demonstrated character and behavior characteristics not compatible 
with satisfactory continued service
*	have failed to respond to counseling (DA Form 4856-R)

3.  Title 10, USC, 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.

4.  Title 38 USC, section 1110 (General - Basic Entitlement) states for disability resulting 
from personal injury suffered or disease contracted in line of duty, or for aggravation of 
a preexisting injury suffered or disease contracted in line of duty, in the active military, 
naval, or air service, during a period of war, the United States will pay to any veteran 
thus disabled and who was discharged or released under conditions other than 
dishonorable from the period of service in which said injury or disease was incurred, or 
preexisting injury or disease was aggravated, compensation as provided in this 
subchapter, but no compensation shall be paid if the disability is a result of the veteran's 
own willful misconduct or abuse of alcohol or drugs.

5.  Title 38 USC, section 1131 (Peacetime Disability Compensation - Basic Entitlement) 
states for disability resulting from personal injury suffered or disease contracted in line 
of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of 
duty, in the active military, naval, or air service, during other than a period of war, the 
United States will pay to any veteran thus disabled and who was discharged or released 
under conditions other than dishonorable from the period of service in which said injury 
or disease was incurred, or preexisting injury or disease was aggravated, compensation 
as provided in this subchapter, but no compensation shall be paid if the disability is a 
result of the veteran's own willful misconduct or abuse of alcohol or drugs.

6.  AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) 
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. Once a determination of physical unfitness is made, all 
disabilities are rated using the Department of Veterans Affairs Schedule for Rating 
Disabilities (VASRD).

	a.  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.  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.

7.  AR 40-501 (Standards of Medical Fitness) governs medical fitness standards for 
enlistment, induction, appointment (including officer procurement programs), retention, 
and separation (including retirement). The Department of Veterans Affairs Schedule for 
Rating Disabilities (VASRD). VASRD is used by the Army and the VA as part of the 
process of adjudicating disability claims. It is a guide for evaluating the severity of 
disabilities resulting from all types of diseases and injuries encountered as a result of or 
incident to military service. This degree of severity is expressed as a percentage rating 
which determines the amount of monthly compensation.

8.  Section 1556 of Title 10, USC, requires the Secretary of the Army to ensure that an 
applicant seeking corrective action by the Army Review Boards Agency (ARBA) be 
provided with a copy of any correspondence and communications (including summaries 
of verbal communications) to or from the Agency with anyone outside the Agency that 
directly pertains to or has material effect on the applicant's case, except as authorized 
by statute. ARBA medical advisory opinions and reviews are authored by ARBA civilian 
and military medical and behavioral health professionals and are therefore internal 
agency work product. Accordingly, ARBA does not routinely provide copies of ARBA 
Medical Office recommendations, opinions (including advisory opinions), and reviews to 
Army Board for Correction of Military Records applicants (and/or their counsel) prior to 
adjudication.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220009974


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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