RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         09 DECEMBER 2004
      DOCKET NUMBER:  AR2004104014


      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. Melvin Meyer                  |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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 physical disability retirement.

2.  The applicant states, in effect, that when he entered on active duty on
14 July 1972 he did not have a medical condition, proof that his disability
did not exist prior to his service (EPTS).

3.  The applicant provides copies of his separation documents, results of
physical training tests, active duty orders, Physical Evaluation Board
(PEB) and Medical Evaluation Board (MEB) proceedings, numerous other
medical documents, statement of service, retirement points history
statement, pages of two Noncommissioned Officer Evaluation Reports
(NCOERs), copy of a leave and earning statement (LES), and other documents
as depicted herein.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel was informed that the applicant's case was available for review;
however, did not respond to that notification.

CONSIDERATION OF EVIDENCE:

1.  The applicant served on active duty in the Navy beginning on 14 July
1972.  He was discharged under honorable conditions on 20 February 1975.


2.  He enlisted in the Army National Guard of Virginia for 6 years on
            13 December 1989.  He was trained as a chemical operations
specialist and attained the rank of sergeant first class.  His three
evaluation reports on file show that he attained the maximum score of the
Army Physical Fitness Test (APFT) in May 1993, May 1994, and May 1995.

3.  A 30 October 1993 report of medical examination indicates that he was
medically qualified for retention with a physical profile serial of 1 1 1 1
1 1.  In the report of military history that he furnished for the
examination, he stated that he was in excellent physical health.  On 9
April 1994 the applicant completed an annual medical certificate,
indicating therein, that he had been hospitalized or had surgery since his
last periodic physical examination for lower back strain.

4.  On 19 June 1995 the applicant reported an acute onset of sharp pain to
his right knee while climbing onto a vehicle during training at Fort A. P.
Hill.  A        24 June 1995 report of medical examination shows that he
was medically qualified for retention with a physical profile serial of 1 1
1 1 1 1.  In the report of medical history that he furnished for the
examination, he stated that he was in good health.

5.  He was discharged upon expiration of his term of service (ETS) on
         12 December 1995.

6.  The applicant reenlisted in the Virginia Army National Guard on 27 June
1997 and was assigned to an infantry unit in Roanoke, Virginia.  On 1
October 1998 he was assigned to the 29th Infantry Division as an NBC Staff
NCO.

7.  On 2 May 1999 the applicant completed an annual medical certificate
stating that he had been hospitalized or had surgery since his last
periodic physical examination for lower back strain, and that he was taking
Ibuprofen.

8.  A 6 January 2001 report of medical examination indicates that the
applicant was medically qualified for retention with a physical profile
serial of 1 1 T3 1 1 1, the temporary profile being for a hernia with
surgery scheduled for 1 October 2001.  In the report of medical history he
furnished for the examination, the applicant stated that he was in good
health.

9.  On 2 September 2001 the applicant completed a pre-deployment health
assessment, stating that he was in excellent health.

10.  He was on active duty from 29 August 2001 to 29 March 2002 in support
of Operation Joint Forge, serving in Bosnia from 22 September 2001 to 15
March 2002.  Upon completion of his tour on active duty he was released
from active duty not by reason of physical disability and assigned to his
National Guard organization, the 29th Infantry Division.

11.  A 27 September 2001 radiological examination report indicates that the
applicant had a Grade II L4 on L5 spondylolisthesis with likely chronic
bilateral    L4 spondylolysis and mild displacement and rotation of the L4
spinous process.  A radiological examination report of the lumbar spine
indicates spondylolysis at L4 (likely bilateral) with a grade II L4 on L5
perolisthesis.  There was some suggestion of sclerosis in the pars
perarticularis of L4.  There was significant narrowing of the spinal canal
on the lateral view.

12.  An 11 March 2002 statement of medical examination and duty status
("line of duty investigation") indicates that the applicant was marching to
a classroom at Fort Dix, New Jersey on 27 September 2001 when he had to
fall out [of formation] due to pain in his right hip, with the pain
radiating down his leg.  The report indicates that he had recurring pain in
his hip and right leg.  The report indicates that his injury was in line of
duty.

13.  On 16 March 2002 the applicant completed a report of medical
assessment and a post deployment medical assessment, indicating on both
documents that he had been seen for pain in his right hip and hemorrhoids.
He stated that prolonged standing or walking was painful.

14.  A 16 March 2002 medical record shows that the applicant was seen for
right hip pain, which he stated began on 27 September 2001.  The examining
physician diagnosed his condition as bursitis and low back pain with
evidence of spondylolisthesis.

15.  In a 17 March 2002 post-deployment health assessment the applicant
stated that his health was very good, but that he had pain in his right hip
joint and numbness and tingling sensation in extremities.

16.  On 24 February 2003 the applicant was ordered to active duty not to
exceed 365 days in support of Operation Enduring Freedom.

17.  The applicant underwent a radiologic examination of his lumbosacral
spine on 16 April 2003.  The examination report indicated a Grade I-II
spondylolisthesis at the L4-L5 level and a marked disc space narrowing at
the L4-L5 and L5-S1 interspaces.  It also indicated a probable anomaly of
the coccyx with its terminal segments not visualized.  Views of the right
hip revealed the joint space to be well preserved with no evidence of
traumatic, arthritic or inflammatory change.

18.  In a 2 March 2003 pre-deployment health assessment the applicant
stated that his health was very good, but that he had right hip pain which
radiated down his right leg during prolonged standing.

19.  On 19 May 2003 the applicant requested extension on active duty in
order to receive medical treatment for injury, illness, or disease incurred
while on active duty.

20.  A 4 June 2003 narrative summary for a medical board indicates that an
    X-ray of his spine showed a Grade I-II spondylolisthesis at L4-L5
level, and that there was marked disc space narrowing noted at L4-L5 and L5-
S1.  There was a marked anomaly of the coccyx with terminal segments not
being seen.  Hip X-ray was interpreted as normal right hip.  His condition
was diagnosed as Grade I-II spondylolisthesis of L4-L5.

21.  On 12 June 2003 the applicant's commanding officer indicated that
because of the applicant's physical profile he would not be able to perform
the duties of his specialty, and that he was unable to deploy because of
his back injury.

22.  The applicant underwent surgery on 25 June 2003 to remove multiple
lipomas (benign tumors) from his left triceps, forearm, and right lateral
biceps.

23.  A 17 July 2003 radiologic examination report of the applicant's lumbar
spine indicated that a single lateral postoperative radiograph of the
lumbar spine demonstrated lumbar fusion of L4 through S1 evidenced by
paired rods and transpedicular screws.  There was persistent grade I-II
anterolithesis of L4 relative to L5 with marked narrowing of the
intervening intervertebral disc.  There was additional narrowing of the L5-
S1 intervertebral disc with spurring along reciprocating margins of the L5
and S1 vertebral bodies; and additional spurring along the anterosuperior
margin of L5.  The remainder of the vertebral bodies were of normal height
and morphology.

24.  A 14 August 2003 medical report shows that he was followed up for his
chronic low back pain.  The report indicates that he had a well-healed
lumbar scar.

25.  On 20 October 2003 a MEB determined that the applicant's condition,
Grade I-II spondylolisthesis of L4-L5 was medically unacceptable, and
recommended that the applicant be referred to a PEB.  The applicant agreed.
 On 22 October 2003 the applicant received a physical profile of 3 1 3 1 1
1 because of his chronic low back and right hip pain.

26.  On 29 October 2003 a PEB determined that the applicant was physically
unfit for chronic low back pain with a finding in 2001 of possible chronic
bilateral L4 spondylolysis.  The PEB indicated that a 16 April 2003
radiograph showed Grade I-II spondylolisthesis at L4/L5 level with marked
disc space narrowing at L4/L5 and L5/S1, and a marked anomaly of the coccyx
with terminal segments not being seen.  The PEB stated that clinical
examination was unremarkable and that there was no evidence of permanent
service aggravation.  It indicated that his condition was not compensable.
The PEB concluded that there was sufficient evidence to substantiate an
EPTS condition, and stated that his condition had not been permanently
aggravated by service but was the result of natural progression.  The PEB
recommended that he be separated from the service without disability
benefits.  The applicant concurred and waived a formal hearing of his case.


27.  He was followed up for his low back pain in November 2003.  The
medical report shows that he had a well-healed surgical incision, and full
range of motion, with no pain.

28.  A 19 November 2003 radiologic examination report shows that the
applicant had a grade I-II spondylolisthesis at the L4-L5 level, a marked
disc space narrowing at the L4-L5 and L5-S1 interspaces, and a probable
anomaly of the coccyx with its terminal segments not visualized.  Views of
the right hip revealed the joint space to be well preserved with no
evidence of traumatic, arthritic, or inflammatory.  He had a normal right
hip.

29.  The applicant was released from active duty on 31 December 2003 at
Fort Lee, Virginia, under the provisions of Army Regulation 635-40,
paragraph          4-24b(4), because of a disability that existed prior to
service (EPTS).

30.  On 22 April 2004 the Virginia Army National Guard informed the
applicant that he was eligible for retired pay at age 60 with 15 years of
service.

31.  Dorland's Illustrated Medical Dictionary, 27th Edition, defines
Spondylosis -.  Ankylosis (immobility or consolidation of a joint due to
disease, injury, or surgical procedure) of a vertebral joint; also, a
general term for degenerative changes due to osteoarthritis.  Lumbar
spondylosis.  Degenerative joint disease affecting the lumbar vertebrae and
intervertebral disks, causing pain and stiffness, sometimes with sciatic
radiation due to nerve root pressure by associated protruding disks or
ostephytes.

32.  The above-mentioned dictionary defines Spondylolisthesis -  Forward
displacement of the fifth lumbar over the body of the sacrum, or of the
fourth lumbar over the fifth, usually due to a developmental defect in the
pars interarticularis.

33.  Army Regulation 635-40, paragraph 3-3, provides 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 military service.
Manifestations of lesions or symptoms of chronic disease from date of entry
on active military service (or so close to that date of entry that the
disease could not have started in so short a period) will be accepted as
proof that the disease existed prior to entrance into active military
service.  Standard in-service medial and surgical treatment reducing the
effect of the disease or other conditions incurred prior to entry into
military service does not constitute service aggravation unless the
treatment was required to relieve disability that had been aggravated by
military service.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his disability did not exist prior to
his service (EPTS) because he did not have a medical condition when he
entered on active duty in 1972 [in the Navy] is moot.  He was discharged
from the Navy in 1975 with no subsequent military service until his
enlistment in the Army National Guard of Virginia in December 1989.  There
is no evidence regarding his medical condition from 1975 until 1989.
Nonetheless, the applicant was apparently medically fit for enlistment in
1989, and medically fit for retention in 1993 as shown by a 30 October 1993
report of medical examination.

2.  Noted is the fact that the applicant attained the maximum score on the
APFT in successive years, 1993, 1994, and 1995.  He did, however, have some
problem with his lower back as he himself so stated on a medical
certificate of     9 April 1994.

3.  The applicant was discharged from the Virginia Army National Guard in
December 1995.  He reenlisted on 27 June 1997.  On 2 May 1999 the applicant
again certified that he had either been hospitalized or had surgery for
lower back strain since his last physical examination, and that he was
taking Ibuprofen.

4.  The applicant was ordered to active duty on 29 August 2001.  On
        27 September 2002 while at Fort Dix he fell out of formation
because of pain in his right hip, with the pain radiating down his leg.  A
radiologic examination report indicated that the applicant had
spondylolisthesis with likely chronic bilateral spondylolysis as indicated
in the evidence of record.  Nonetheless, he deployed to Bosnia and was
subsequently released from active duty after his return to the United
States.  He was again ordered to active duty in February 2003.  In October
2003 a PEB determined that he was physically unfit because of his EPTS
condition and recommended that he be separated from the service without
disability benefits.  The applicant concurred and he was released from
active duty.

5.  Noted are his statements on two occasions, in 1994 and again in 1999,
that he had problems with his lower back.  Noted also is the fact that he
was diagnosed with chronic low back pain on 27 September 2002 shortly after
he had been ordered to active duty.  It would appear, then, that the
condition for which he was separated did exist prior to his active duty
service.  The evidence suggests that his condition, chronic low back pain,
existed prior to his active duty service.  The medical documents that he
submits with his request supports this conclusion.

6.  Consequently, the applicant's request for physical disability
retirement is not warranted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM__  ___LS  __  __MF ___  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.





                                  ______Melvin Meyer_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104014                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041209                                |
|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.       |108.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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