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ARMY | BCMR | CY2005 | 20050006797C070206
Original file (20050006797C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050006797


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, in effect, that her separation code and reentry
(RE) code be changed.

2.  The applicant states she was misdiagnosed and discharged without
treatment for an injury to her right hip during basic training.  She was
given a separation and RE code that would make it difficult to enlist in
the future.  On 1 November 2004, she was seen for severe pain in her right
hip.  After several visits and tests, including several x-rays and one bone
scan, the physicians were unable to determine the cause of her pain.  They
assumed it was instability of her joint due to hypermobility (double-
jointedness) without doing any sort of soft-tissue testing such as an MRI
(magnetic resonance imaging) or CT (computed tomography) scan, and
recommended she be discharged.

3.  The applicant states the pain in her hip worsened even though she had
been removed from the rigorous training.  Her mother took her to Portsmouth
Naval Hospital and she was referred to the orthopedic clinic.  The
specialist in the orthopedic clinic concluded her pain could not have been
preexisting, or even remotely related to her hypermobility, and recommended
she have an MRI.  The MRI showed she had suffered a torn and detached
acetabular labrum (a ring of fibro cartilage that runs around the cup of
the hip joint) and will require surgery and extensive physical therapy.

4.  The applicant states she believes that, had the physicians at Fort
Leonard Wood, MO performed an MRI and discovered the problem sooner, it
could have been fixed sooner and saved her a lot of the pain and
inconvenience she has suffered since her discharge.  She would like nothing
more than to once again enlist in the Army but that will be difficult, if
not impossible, if the injustice in her record goes uncorrected.

5.  The applicant provides a DA Form 4707-C (Entrance Physical Standards
Board (EPSBD) Proceedings); her DD Form 214 (Certificate of Release
    or Discharge from Active Duty); and a copy of a medical records dated
           30 December 2004 and 24 March 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 28 September 2004.

2.  The DA Form 4707-C, dated 12 November 2004, indicated the applicant
complained of continuing right hip pain for the past three weeks.  She
denied any active duty trauma and for her first two weeks in basic training
was doing fine.    X-rays did not reveal significant findings and she had
undergone a bone scan.  She denied any significant problems prior to
entering the military although she had been "double-jointed" all of her
life and frequently demonstrated her hypermobility of hands, elbows, knees,
and hips.

3.  The EPSBD stated that, because of the chronic hypermobility of the
weightbearing joints and the difficulty in [performing] strenuous physical
activities, the applicant could not be expected to be successful in any
phase of military training.  She was diagnosed with bilateral hip pain
secondary to joint instability, existed prior to service.  The EPSBD
recommended she be separated for not meeting entrance standards.  She was
also counseled that she should follow up with her doctor for referral to an
orthopedic surgeon if she continued to have joint pains.

4.  On 22 November 2004, the applicant concurred with the EPSBD proceedings
and requested to be discharged without delay.  On 30 November 2004, she was
discharged under the provisions of Army Regulation 635-200, paragraph
     5-11 with a narrative reason for separation of failing to meet
medical/physical procurement standards.  She was given an RE code of 3.

5.  On 24 March 2005, the applicant was diagnosed with right hip labral
detachment.

6.  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.

7.  Army Regulation 635-40 establishes the Army Physical Disability
Evaluation System.  It sets forth policies, responsibilities and procedures
that apply in determining whether a Soldier is unfit because of physical
disability.  Paragraph 3-3 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 of
these conditions include congenital malformations and 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.

8.  Army Regulation 40-501 governs medical fitness standards for
enlistment, retention, and separation.  Paragraph 2-10c(2) states physical
findings of an unstable or internally deranged joint is a cause for
rejection for enlistment.

9.  Pertinent Army regulations provide that prior to discharge or release
from active duty individuals will be assigned RE codes based on their
service records or the reason for discharge.  Army Regulation 601-210
covers eligibility criteria, policies and procedures for enlistment and
processing into the Regular Army (RA) and the U.S. Army Reserve.  Chapter 3
of that regulation prescribes basic eligibility for prior service
applicants for enlistment.  That chapter includes a list of armed forces RE
codes, including RA RE codes.

10.  RE code 3 applies to persons not qualified for continued Army service,
but the disqualification is waivable.

11.  The National Institutes of Health internet site Medlineplus.gov states
hypermobile joints are joints that move beyond the normal range with little
effort.  Hypermobile joints can occur in otherwise healthy and normal
children.  There is no specific care for the hypermobility.  In many cases,
people with hypermobile joints are at an increased risk for joint
dislocation and other problems.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended she was misdiagnosed.  The DA Form 4707-C
indicated she was diagnosed with bilateral hip pain secondary to joint
instability. It is regrettable her labral detachment was not discovered
while she was in the Army; however, joint instability is a reason for
rejection for enlistment.  Since the definition of hypermobile joints
(i.e., double-jointedness) is "joints that move beyond the normal range
with little effort," it appears that had the extent of her double-
jointedness been known at the time of her enlistment it is unlikely she
would have been allowed to enlist.

2.  There is medical evidence of record to suggest that individuals with
hypermobile joints are at an increased risk for joint dislocation and other
problems.  If having hypermobile joints puts one at risk for joint
dislocation, it is not unreasonable to presume the applicant's labral
detachment was related to her hypermobility.

3.  Based on the circumstances of the applicant's case, it appears she was
given the correct narrative reason for separation and RE code.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ksw___  __ded___  __qas___  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.




                                  __Kenneth L. Wright___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006797                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.02                                  |
|2.                      |100.03                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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