RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            27 SEPTEMBER 2005
      DOCKET NUMBER:   AR20040010662


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ronald Blakely                |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne Douglas               |     |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.  The applicant requests reconsideration of his previous request for
physical disability retirement or separation.

2.  The applicant states, through a member of Congress, that he appreciates
the kind consideration and decision to upgrade his discharge from
uncharacterized to honorable.  He states that there is still an issue that
he would like to address.  He states that, this Board upheld the decision
of considering his injury as pre-existing; however, the Board's decision
was due to the date of July 2001 as his date of injury, which is reflected
on two of the documents that he submitted.  He states, in effect, that the
date of July 2001 is a typographical error as his injury was incurred in
July 2002.  Through his member of Congress, the applicant states that the
enclosed "clinical visit" dated 29 August 2002, shows that he was
complaining of an injury that happened about a month prior while running on
track during physical training.

3.  The applicant provides in support of his appeal an Orthopedic Personal
Data Consult Report dated 29 August 2002.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2004100865, on 28 September 2004.

2.  The applicant completed Junior Reserve Officer Training Corps (ROTC) on
10 July 1999.  As a result of his asthma, he requested and was approved for
a medical waiver on 30 April 2002, for enlistment in the Regular Army (RA).
 He enlisted in the RA on 4 June 2002

3.  The evidence of record shows that the applicant was at Fort Knox,
Kentucky, when he was examined by an orthopedic surgeon at Ireland Army
Community Hospital after complaining of right knee pain.  The clinical
report shows, in effect, that he complained of right knee pain which began
when he was running and twisted his right knee in July 2001.  The surgeon
determined that he was in no acute distress; that he walked, sat and stood
well; and that his legs appeared straight and equal.  The surgeon further
determined that there was no effusion, redness, swelling or heat and there
was tenderness to palpation over the medial femoral condyle, medial tibial
plateau, and medial joint line on the right.  The
surgeon diagnosed him as an overweight ex-smoker with right knee pain after
grade one medial collateral ligament (MCL) tear and he recommended that the
applicant be referred to a Medical Evaluation Board; placed on a permanent
L3 physical profile; arthritis panel; continue conservative care; watch
weight; continue to cease smoking.

4.  The Orthopedic Personal Data Consult Report dated 29 August 2002, that
the applicant has now submitted in support of his appeal shows that he
complained of right knee pain and that he stated that he had injured his
knee a month ago while he was running on the track during physical
training.

5.  The 25 November 2002 narrative summary of Entrance Physical Standards
Board (EPSBD) Proceedings, titled, "Medical Board 200," conducted by the
same surgeon provided much of the same information indicated above.  The
summary also indicated that despite months of conservative care, the right
knee hurt worse.  It hurt him while sitting, on stairs, and when he tried
to sleep.  The pain was burning and sharp.  The evaluating physicians again
diagnosed the applicant as an overweight ex-smoker with right knee pain
after grade one MCL tear, not resolving despite adequate conservative
treatment.  The physicians recommended continued conservative care with
exercise as tolerated and medication as needed, stating that the applicant
should watch his weight and continue to cease smoking.  The physicians
indicated that his temporary L3 profile permitted push-ups, sit-ups,
lifting 40 pounds, wearing load carrying equipment, firing, but no running
or jumping.  The physicians determined that the applicant was not fit for
duty under the provisions of Army Regulation 40-501, paragraph 3-41c(1),
and that a waiver was not recommended.  The applicant was given a temporary
profile of 1 1 T3 1 1 1 because of his right knee condition.

6.  On 26 November 2002, the medical board evaluating physicians found that
the applicant was medically unfit for appointment or enlistment in
accordance with the current medical fitness standards.  The physicians
opined that his condition existed prior to service.

7.  The medical authority approved the EPSBD proceedings on 3 December
2002.  A copy of the proceedings were forwarded to the applicant's
commanding officer on 4 December 2002 along with guidance concerning the
applicant's options regarding the proceedings, e.g., consult with counsel,
agree, disagree, reconsideration, etc.  The applicant acknowledged receipt
of the EPSBD findings and although he had the option of disagreeing with
the proceeding because his conditions did not exist prior to service, he
indicated that he concurred with the proceedings and he requested to be
discharged from the Army without delay.

8.  Accordingly, on 19 December 2002, the applicant was discharged under
the provisions of Army Regulation 635-200, chapter 5-11, due to failure to
meet medical/physical procurement standards.  He had 6 months and 16 days
of net active service and the character of his service was uncharacterized.

9.  In a previous application to this Board dated 5 December 2003, the
applicant requested that his records be corrected to show physical
disability retirement or separation.  This Board denied his request on 28
September 2004; however, this Board directed that the character of his
service be changed from uncharacterized to honorable.

10.  Army Regulation 635-200 provides for the separation of enlisted
Soldiers.  Paragraph 5-11 provides for the early separation of Soldiers 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 entry on active duty, which would have permanently or
temporarily disqualified him or her for entry into the military service had
it been detected at that time, and which does not disqualify the Soldier
for retention in the military service under the provisions of Army
Regulation 40-501, chapter 3.  The character of service for a Soldier
separated under this paragraph will normally be honorable, or an
uncharacterized description of service if in entry level status.  The
regulation defines entry level status as the first 180 days of continuous
active duty.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient medical documentation available to determine
exactly when the applicant injured his right knee.  However, there is
sufficient documentation that shows that the applicant was made aware of
the EPSBD findings and that although he had the option of disagreeing with
the proceeding, he indicated that he concurred with the proceedings and he
requested to be discharged from the Army without delay.

2.  The applicant's contentions and new medical evidence have been noted.
However, he acknowledged that he was medically unfit for appointment or
enlistment in accordance with the current medical fitness standards.  He
requested to be discharged without delay and at that time, he acknowledged
that his condition existed prior to service.

3.  His records properly reflect that he was discharged because he failed
to meet medical/physical procurement standards.  Consequently, there is no
basis for granting the applicant's request for physical disability
retirement or separation.

4.  In order to justify correction of a military record the applicant must
show 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____RB _  ___LF___  ___LD __  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 to amend the decision of
the ABCMR set forth in Docket Number AR2004100865, dated 28 September 2004.




                                  _____Ronald Blakely____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010662                           |
|SUFFIX                  |                                        |
|RECON                   |20040928                                |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20021219                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |CHAPTER 5-11                            |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  995  |145.0000/PHYSICAL DISABILITY            |
|2.  998                 |145.0200/EPTS AGGRAVATED                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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