RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            07 OCTOBER 2004
      DOCKET NUMBER:   AR2004103016


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Patrick McGann                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  In effect, the applicant requests that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show that his
character of service was honorable, and that any reference to a medical
profile be expunged in order for him to renter the Army.

2.  The applicant states that he was given a permanent profile for low back
pain, which has since healed, and would like his discharge changed to
honorable, which would aid him in his pursuit of future federal employment.
 His current medical assessment shows that he is in excellent health.
Prior to basic training, his physician told him that he had a slight muscle
pull, which was nothing to worry about.  He made the mistake of not paying
attention to his back pain.  He should have waited for his back pain to
subside, which it eventually did.  He agreed with the statements [made on
the Entrance Physical Standards Board (EPSBD) Proceedings], in that
stopping the activities noted would be beneficial to his health at that
time.  During his out processing, it was stated that Soldiers receiving an
EPTS (existed prior to service) discharge would be eligible to reenter the
Army after six months from the date of discharge and successful completion
of a military medical evaluation.

3.  The applicant provides a copy of his EPSBD proceedings, a copy of his
   DD Form 214, copies of medical reports dated subsequent to his
discharge, a copy of his Army Physical Fitness Test (APFT) scorecard, a
copy of a               12 November 2003 statement from a doctor, and a
copy of a letter from his former cadet commander at the University of New
Mexico ROTC (Reserve Officer Training Corps) department.

CONSIDERATION OF EVIDENCE:

1.  A 24 June 2000 report of medical examination refers to records related
to Guillian Barre (GB) syndrome (inflammation of many nerves at once
accompanied by acute fever); however, the records obtained indicated no
problem.  The applicant was medically qualified for enlistment.  On 5
December 2000 the applicant enlisted in the Army Reserve Delayed Entry
Program (DEP) for 8 years.  He was discharged from that program upon his
enlistment in the Regular Army for 4 years on 17 May 2001, and was assigned
to Fort Benning, Georgia, for training.

2.  A 19 July 2001 EPSBD proceedings show that the applicant had a well-
documented, chronic, EPTS low back pain, that he was unable to train, and
unresponsive to physical training and rest.  His condition was diagnosed as
chronic low back pain recalcitrant to treatment.  The examining physicians
stated that he did not meet the medical fitness standards for enlistment
under the provisions of Army Regulation 40-501, paragraph 2-36b, and that
this condition existed prior to his service.  The physicians recommended
that he be separated from the military service under the provisions of Army
Regulation 635-200, paragraph 5-11.  He was given a permanent P3 profile,
which included no lifting, repetitive spinal flexion activities, no
standing, sitting, marching, jumping, running, or sit-ups.  He could not
take the APFT.  The applicant concurred with the proceedings and stated
that he requested to be discharged from the Army without delay.  The
applicant's unit commander recommended that he be discharged.  On 2 August
2001 the separation authority approved the recommendation and directed that
the applicant be discharged from the Army.

3.  The applicant was discharged on 13 August 2001 under the provisions of
Army Regulation 635-200, paragraph 5-11, failure to meet procurement
medical fitness standards.  His character of service was uncharacterized.

4.  A MRI (magnetic resonance imaging) report of the applicant's lumbar
spine, dated 16 October 2001, indicates a diagnosis of nonspecific multi-
level posterior element degenerative change.  No significant extradural
compressive lesion noted.

5.  On 10 December 2001 a physical therapist of Northwest Physical Therapy
Services in Seattle, Washington, in a letter to a doctor, indicated that
the applicant had reported no significant complaints of lower back pain,
indicating that exercises seemed to be helping and that he was careful to
keep his lumbar spine in a neutral position with activities of daily
living.  The therapist stated that the applicant appeared to be responding
well to the current treatment program, and that he would benefit from
further work in maintaining a neutral lumbar position with various
functional activities, and that he would also benefit from further
progression of more advanced trunk stabilization exercises.  She
recommended that he continue physical therapy for another four more
sessions following the eight sessions prescribed.

6.  An 11 June 2002 medical report indicates that the applicant had low
back pain for one year.  He underwent a whole body bone scan.  The
impression given was that it was a normal bone scan and that there was no
scintigraphic findings to explaining his back pain.

7.  The applicant's APFT scorecard shows that he passed all elements of
diagnostic tests taken on 10 September 2003 and 1 October 2003 at the
University of New Mexico Army ROTC department.
8.  In a 12 November 2003 statement, a physician of the Lovelace Sandia
Health System, in Albuquerque, New Mexico, stated that the applicant's low
back pain was resolved with no disability noted.

9.  In an 18 November 2003 statement, the applicant's former cadet
commander at the University of New Mexico ROTC department stated that the
applicant performed physical training and other functions with no problems,
and did not know that the applicant [then a cadet] was ever in any sort of
pain.  He stated that he went above and beyond the standards to perform as
a ROTC cadet.

10.  The narrative summary of the EPSBD proceedings is unavailable to the
Board.  The applicant's medical records, other than those indicated, are
not available to the Board.

11.  Army Regulation 40-501 provides information on medical fitness
standards for entry into the Army.  Chapter 2 of that regulation prescribes
the medical conditions and physical defects which are causes for rejection
of enlistment into military service, to include the condition listed in
paragraph 2-36b.  That paragraph pertains to a complaint of a disease or
injury of the spine or sacroiliac joints with or without objective signs
that has prevented the individual from successfully following a physical
active vocation in civilian life. Substantiation or documentation of the
complaint without objective findings is required.

12.  Army Regulation 635-200 sets forth the basic authority for separation
of enlisted personnel from active duty.   Paragraph 5-11 provides for the
early separation (within the first six months) of those individuals who
were not qualified under procurement medical standards, who manifested
symptoms of medical problems that would have made them not qualified under
procurement medical standards or who became not qualified prior to entry.
Although a Soldier in such circumstance has a right to request retention,
an individual has no right to be retained.  The retention or separation
decision is within the cognizance of the appropriate discharge authority.
Except in certain extraordinary cases, uncharacterized entry level
separation is mandatory for all individuals who are in an entry level
status (within the first 180 of active duty) at the time separation
processing is commenced.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the documents that he submits, to include the
physician's statement in November 2003 that his back pain was resolved,
medical authorities determined that he should not have been enlisted in May
2001 because of his medical condition.  The EPSBD proceedings show that the
applicant had a well-documented, chronic back pain that existed prior to
his entry on active duty and that he was unable to train because of his
pain.  The examining physicians determined that his low back pain was
recalcitrant to treatment, that he did not meet the medical fitness
standards for enlistment, and recommended that he be discharged from the
Army.  The applicant agreed and indicated that he wanted to be discharged
without delay.

2.  The applicant's discharge for failure to meet procurement medical
standards was appropriate and in accordance with the provisions of the
regulation.  He has provided no probative medical evidence to the contrary.
 Consequently, his request to change his character of service on his DD
Form 214 and to expunge any record pertaining to his medical profile is
denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WM___  ___PS __  ___PM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ____Walter Morrison_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103016                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041007                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]