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ARMY | BCMR | CY2005 | 20050017617C070206
Original file (20050017617C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050017617


      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. William D. Powers             |     |Chairperson          |
|     |Ms. Marla J. Troup                |     |Member               |
|     |Mr. William F. Crain              |     |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 discharge for failure to
meet medical procurement standards be changed to a medical separation.

2.  The applicant states that all of her discharge documents state she was
injured in a motor vehicle accident two years previously and that her
condition was a prior service condition.  Her DD Form 2807-2 (Medical
Prescreen of Medical History Report) does not mention a car accident or any
prior injuries.  She ran cross-country in high school with no medical
problems.

3.  The applicant provides a DD Form 2807-2; a DD Form 2808 (Report of
Medical Examination); results of a hearing test; her separation packet; and
her DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant completed a DD Form 2807-2 on 18 May 2005.  She indicated
that she did not have any of the listed medical conditions (e.g., item
2a(8), a swollen, painful, or dislocated joint).

2.  The applicant enlisted in the U. S. Army Reserve on 21 May 2005.  She
entered active duty to begin basic training on 7 June 2005.

3.  A DA Form 4707 (Entrance Physical Standards Board (EPSD) Proceedings)
dated 22 July 2005 indicated the applicant had complaints of left hip pain
that had been going on since a motor vehicle accident two years previously.
 It was recommended she be separated for failure to meet medical
procurement standards.

4.  On 12 August 2005, the applicant signed a U. S. Army Reserve and
National Guard Liaison Counseling Form.  By signing this form, she
acknowledged that she was counseled concerning the recommendation for
separation due to a medical condition which existed prior to service.  The
medical board options were explained to her.  She understood that, if
discharged, a resultant loss of medical and educational benefits would
occur, as well as any other benefits or entitlements related to her
enlistment.  She understood the probable discharge type and character.
This form also indicated the injury was a result of a vehicle accident
about two years previously.  This form noted that neither the Military
Entrance Processing Station nor the applicant’s recruiter was aware of the
condition at the time of the applicant’s enlistment.

5.  On 12 August 2005, the applicant signed the DA Form 4707 concurring
with the proceedings and requesting to be discharged from the Army without
delay.

6.  On 24 August 2005, the applicant was discharged under the provisions of
Army Regulation 635-200, paragraph 5-11 for failure to meet procurement
medical fitness standards.

7.  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.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged that the applicant’s DD Form 2807-2 did not indicate
that she had been in a motor vehicle accident or that she had any prior
injuries.  Nevertheless, the applicant signed the DA Form 4707 and the U.
S. Army Reserve and National Guard Liaison Counseling Form, both of which
indicated she had pain in her hip as the result of a prior motor vehicle
accident.  The U. S. Army Reserve and National Guard Liaison Counseling
form indicated that she understood the probable discharge type.  There is
no evidence to show she argued that her hip pain did not start prior to her
entering service.

2.  In the absence of evidence to the contrary, it is presumed those
documents indicated she had pain in her hip as the result of a prior motor
vehicle accident because she told the military officials during basic
training that was the case.  The applicant provides insufficient evidence
to show otherwise.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __mjt___  __wfc___  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.




                                  __William D. Power_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017617                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|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.                      |                                        |


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