APPLICANT REQUESTS: Reconsideration of the denial of his application for correction of his military records wherein he requested that he be medically retired from the Army National Guard (ARNG). He also questions why he has not received his discharge from the ARNG.
APPLICANT STATES: That the term Existing Prior To Service (EPTS) is a catch-all phrase which is used by the Army to shun its responsibility to soldiers who have service connected disabilities. He further states that the Board did not do a thorough job in its first consideration of his application.
NEW EVIDENCE AND/OR INFORMATION: In support of his request the applicant submits medical documentation, statements in his behalf, and correspondence pertaining to his disability, all of which were considered by the Board in its original review of his case. He also submits extracts from medical journals which describe his condition, statements from his father, from his ARNG crew chief, from an ARNG quality coordinator, and from an ARNG captain.
EVIDENCE OF RECORD: The applicants military records were incorporated in the Memorandum of Consideration prepared during the original review of his case.
The Board denied the applicants original application in a Memorandum of Consideration (COPY ATTACHED) on 27 March 1996.
The applicant was suspended from flight duty in the ARNG due to back pain on 9 December 1989. He was determined to be permanently medically disqualified due to his back, but his back problems were determined to have existed prior to service. Based on that finding, the applicant was administratively discharged from the ARNG and as a reserve of the Army on 22 January 1993 due to medical disqualification.
The Merck Manual of Diagnosis and Therapy, Sixteenth Edition, states that patients with a congenitally narrow spinal canal are at increased risk of experiencing cervical spondylolisthesis (forward displacement of one vertebra over another). The Merck Manual defines a congenital abnormality as a structural defect present at birth.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicants primary contention appears to be that he started having problems with his back while he was piloting a helicopter for the ARNG. Therefore, he contends, the Army is required to medically retire him for his disability.
2. The Physical Evaluation Board which reviewed the applicants case found his spondylolisthesis to be EPTS based on the congenital nature of the condition. As noted by the Merck Manual, patients with a congenitally narrow spinal canal are at increased risk of experiencing cervical spondylolisthesis.
3. As such, the PEBs finding that the applicants spondylolisthesis was EPTS and was not aggravated by military service is accepted by the Board as proper, as was the PEBs recommendation that he be separated from the ARNG without disability benefits.
4. The applicants questions pertaining to his discharge from the ARNG should be directed to the appropriate state adjutant general.
5. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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