MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 April 2003
         DOCKET NUMBER: AR2002078082

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Harry B. Oberg		Member
Mr. Ronald J. Weaver		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That her administrative discharge be changed to a medical separation.

APPLICANT STATES: That she was injured during training and she was told that she was getting a medical discharge because she could not continue to train. She provides her discharge packet as supporting evidence.

EVIDENCE OF RECORD: The applicant's military records are not available. Information contained herein was obtained from alternate sources.

A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) dated 17 November 2000 shows the applicant entered active duty on 19 September 2000.

The DA Form 4707 shows the applicant started having problems with low back pain two weeks previously (on or about 3 November 2000). She had had no previous problems with her back. X-ray and laboratory results revealed she had spondylolisthesis L5 over S1 second degree and spina bifida occulta. It was recommended she be separated for failing to meet medical procurement standards. She met medical retention standards.

On 21 November 2000, the applicant concurred with the proceedings and requested she be retained on active duty.

On 11 December 2000, it was recommended the applicant be separated under the provisions of Army Regulation 635-200, paragraph 5-11. She still requested retention. The battalion-level commander indicated that her medical condition did not support retention and recommended her separation. The approval action and her DD Form 214 (Certificate of Release or Discharge from Active Duty) are not available.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-11 sets the policy and prescribes procedures for separating members who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the soldier’s initial entrance of active duty that would have permanently or temporarily disqualified him or her for entry into the military service or entry on active duty had it been detected at that time and does not disqualify him or her for retention.

Army Regulation 40-501 governs medical fitness standards for procurement, retention, and separation. Chapter 2 (physical standards for enlistment, appointment, and induction), paragraph 2-36 (spine and sacroiliac joints), subparagraph 2-36j, states that spina bifida when symptomatic is a cause for rejection. Subparagraph 2-36m states that spondylolisthesis is a cause for rejection.

Army Regulation 40-501, chapter 3 (medical fitness standards for retention and separation including retirement), paragraph 3-39 (spine, scapulae, ribs, and sacroiliac joints), subparagraph 3-39a(2), states that spina bifida with demonstrable signs and moderate symptoms of root or cord involvement is a cause for referral to a medical evaluation board (MEB). Subparagraph 3-39a(3) states that spondylolisthesis with more than mild symptoms resulting in repeated outpatient visits or repeated hospitalization or limitations affecting performance of duty is a cause for referral to an MEB.

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. The regulation defines “physically unfit” as unfitness due to physical disability. In pertinent part, it states that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service. Examples are congenital malformations and hereditary conditions or similar conditions in which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusion that they existed prior to military service.

Army Regulation 635-40, chapter 5, provides for the separation of an enlisted soldier for non-service aggravated EPTS (existed prior to service) conditions when the soldier requests waiver of physical evaluation board evaluation. The soldier must be eligible for referral into the disability system and must not meet medical retention standards.

Medlineplus.gov, a National Institutes of Health Internet site, provided information on spina bifida and spondylolisthesis. Spina bifida occurs when the tissue surrounding a baby's developing spinal cord does not close properly. Spina bifida occulta is the mildest form of the condition. It results in a small separation of the spinal bones. This can occur in any vertebra but is most common at the base of the back or lower spine. Because the spinal nerves are not involved, most children with this form of spina bifida have no symptoms and experience no neurologic problems.

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Spondylolysis is a stress fracture in one of the vertebrae. If the stress fracture weakens the bone so much that it is unable to maintain its proper position, the vertebrae can start to slip out of place. This condition is called spondylolisthesis. Spondylolisthesis usually occurs in the last lumbar vertebra, just above the tailbone. There may be a genetic aspect to spondylolysis. An individual may be born with thin vertebral bone and therefore be vulnerable to this condition. Also, some sports, such as gymnastics, weight lifting and football, put a great deal of stress on the bones in the lower back which can result in a stress fracture. The athlete should take a break from the activities until symptoms go away, as they often do. In most cases, activities can be resumed gradually.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The Board acknowledges that the applicant may not have had a previous history of back pain until after her entry in to the Army. However, once her lower back pain developed and medical personnel examined her to look for the cause of the pain, her previously existing conditions were discovered.

3. X-rays revealed the applicant had spondylolisthesis and spina bifida occulta. Considering she had spina bifida occulta, it is reasonable to believe that her spondylolisthesis was the result of genetics rather than sporting or physical activities.

4. Since the applicant's spina bifida was symptomatic, she did not meet procurement medical standards. However, since there were no demonstrable signs and no moderate symptoms of root or cord involvement, she was not eligible for referral to an MEB. Neither was she eligible for referral to an MEB as a result of her spondylolisthesis because she did not have more than mild symptoms.

5. Although the applicant requested retention on active duty, the Board believes her commanders made a proper decision not to approve her retention and to separate her instead. As a trainee, she could not have been given the break from activities treatment would have required. Since she did not meet the criteria for referral into the physical disability system, consideration for her health required she be administratively separated from the Army under the provisions of Army Regulation 635-200, paragraph 5-11.

6. In view of the foregoing, there is no basis for granting the applicant's 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

__wtm___ __hbo___ __rjw___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002078082
SUFFIX
RECON
DATE BOARDED	20030417
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	108.00
2.
3.
4.
5.
6.