RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2007
      DOCKET NUMBER:  AR20060007523


      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. Dean L. Turnbull              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Roland S. Venable             |     |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 that his active duty orders be reinstated for
the period 29 May 2003 to 14 July 2004.

2.  The applicant states, in effect, that upon his redeployment from Iraq
(Operation Enduring Freedom) in May 2003, following surgery for his knee he
needed to continue therapy for his knee and back.  He states that he works
for the Department of Defense as a Heavy Equipment Mechanic which requires
him to maintain an Army Reserve status, so he was told to request Active
Duty Medical Extension (ADME) orders.  He further states that after making
several attempts to request ADME, he was told that he did not have the
proper documentation to support his request.  Also, he states that he was
misinformed concerning the status of his therapy, so he went to see his
doctor to verify his status.  The doctor examined him and confirmed that he
needed more therapy.

3.  He further states that he resubmitted his request for ADME but it was
denied. He asked to remain on active duty because of the pain he was going
through during that period.  He states his knee has not healed properly
from the surgery, and a Magnetic Resonance Imaging (M.R.I.) should reveal
that he has a herniated disc from which he has been suffering for over a
year.  Also, he states that he made several trips to Walter Reed Army
Medical Center, at his own expense, to prove that he still needed
treatment.  He was then placed on active duty for treatment for the period
14 July 2004 to 26 January 2006.

4.  The applicant provides:

     a.  a copy of a sequence of events;

     b.  a copy of a medical progress note, dated 14 November 2003, which
states that the applicant visited the clinic for pain and weakness in his
left knee.  The progress note further states that the applicant was unable
to perform therapy on a regular basis due to administrative difficulty.  A
recommendation was made for the applicant to continue physical therapy for
three months to help regain strength of extension mechanism;

     c.  a copy of two DA Forms 2173 (Statement of Medical Examination and
Duty Status), dated 19 July 2002.  Both forms show that the applicant was
seen by a physician for pain in both knees and sharp pain and soreness in
his lower back and middle back;

     d.  a copy of several USARC Forms 46-2-R (Physician Statement of
Soldier's Incapacitation/Fitness for Duty).  These statements show the
period when the applicant was not fully fit to perform his military duties
and civilian job;

     e.  a copy of a Physician Therapy Progress Note, dated 4 April 2003
which states, in effect, that the applicant received therapy for "A/PROM,
flexibility, gait training, lower extremity strengthening (both open and
closed chain), bicycle, TM, proprioception with perturbation activity,
spine stabilization exercises and modalities PRN"; and

     f.  a copy of a Chronological Record of Medial Care, dated 19 August
2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he enlisted in the Army Reserve on 26
April 1999.

2.  The applicant states that in March 2002, he was deployed for training
at Fort Stewart, Georgia when he injured his knee and back (the applicant
did not provide any orders, and his records do not contain the orders for
this period of active duty).

3.  The applicant states that in July 2002, his unit was redeployed to Fort
Dix, New Jersey.

4.  On 25 November 2002, the applicant had surgery on his left knee.  He
then received convalescent leave from 26 November 2002 to 26 December 2002.
 U.S. Total Army Personnel Command Orders Number A-01-390250, dated  
16 January 2003, shows that he was ordered to active duty for a period of  
120 days for ADME with an ending date of 17 May 2003.  During this time he
was assigned to the 306th Engineer Company, Amityville, New York.

5.  U.S. Total Army Personnel Command Orders Number A-01-390250A01, dated
16 August 2003, shows that the applicant's Orders Number A-01-390250, dated
16 January 2003 were amended to show 227 days of ADME with an ending date
of 1 September 2003.

6.  Between 20 June 2003 and 14 November 2003, the applicant corresponded
with staff members from the Army G-1 and his doctor to resolve his duty
status (fit or unfit).  During this time the applicant explained that he
did not receive physical therapy or medical care for the period 23 May 2003
to 1 September 2003.  Also, he never received a final evaluation for his
condition from the Physical Evaluation Board Liaison Officer or Medical
Evaluation Board.

7.  U.S. Total Army Personnel Command Orders Number A-07-407188, dated  
16 July 2004, shows that the applicant was retained on active duty to
voluntarily participate in Reserve Component Medical Holdover (MHO) Medical
Retention Processing (MRP) for completion of medical care and treatment.
The extension was for 179 days with an ending date of 9 January 2005.

8.  U.S. Total Army Personnel Command Orders Number A-07-407188R, dated  
3 August 2004, shows that the applicant's Orders Number A-07-407188, dated
 
16 July 2004 were revoked.

9.  U.S. Total Army Personnel Command Orders Number A-01-500254, dated  
6 January 2005, shows that the applicant received another set of orders
that retained him on active duty for 358 days, with a reporting date of 15
July 2004, to voluntarily participate in Reserve Component MHO MRP for
completion of medical care and treatment.  This time the ending date was
specified as 7 July 2005.

10.  U.S. Army Human Resources Command Orders Number A-09-518513, dated 6
September 2005, shows that the applicant was extended for 93 days during
the period 14 November 2003 to 14 February 2004 for the purpose of ADME.

11.  A medical progress note shows that sometime on 14 July 2004, the
applicant was seen by his doctor.  The progress note states, in effect,
that the applicant was seen initially for knee pain and received therapy
with good results with pain relief.  However, due to administrative
problems he was unable to undergo full physical therapy evaluation and
treatment.  The doctor recommended a three to four month period of
supervised physical therapy prior to a possible medical board.

12.  The chronological record of medical care shows that the applicant was
seen on 19 August 2004, for additional pain in his knee.  The record also
shows that the pain worsened in his lower back but he experienced less pain
in his middle back.  The records further shows the applicant had not taken
any medication for pain and that he was developing pain in his upper back
and neck area.  On  
27 September 2004, the applicant was treated at Walter Reed Army Medical
Center, at the Pain Management Center.  The procedure involved an epidural
steroid injection to the L5-S1 area of the spine.

13.  His records show he was released from active duty on 26 January 2006.
On 22 March 2006 he was reassigned to the 2290th U.S. Army Hospital,
Washington, District of Columbia.

14.  There is no evidence that the applicant was considered by a Medical
Evaluation Board (MEBD) or Physical Evaluation Board (PEB).

15.  Army Regulation 135-381 (Incapacitation of Reserve Component Soldiers)
applies to Soldiers of the USAR and the Army National Guard of the United
States, including those serving on active duty under the provisions of
Title 10.  Paragraph 7-2a states that Soldiers who incur or aggravate an
injury, illness, or disease while on orders for more than 30 days may elect
to extend on active duty until treatment is completed.  Chapter 2 states
that Reserve Component (RC) Soldiers who incur or aggravate an injury,
illness, or disease while participating in training may be treated in a
medical treatment facility or be provided medical care elsewhere at
Government expense.  Soldiers are authorized follow up medical care for
injury, illness, or disease incurred or aggravated in line of duty after
completion of active or inactive duty training.

16.  An Office of the Army Deputy Chief of Staff, G-1 memorandum dated  
16 September 2002 states that [previously issued] procedural guidance for
RC Soldiers on ADME is extended until it can be included in Army Regulation
     135-XX.  RC Soldiers may be retained on active duty when the injury or
illness was occurred in line of duty and prevents the Soldier from
performing his or her normal military duty.  The request will consist of
the member's consent to remain on active duty, the physician's statement
that medical treatment is required for more than 30 days, the line of duty
determination, and a DA Form 4187 (Personnel Action) signed by the
commander.

17.  Around February 2004, the Army determined that RC Soldiers injured in
the line of duty while on IDT or on a non-mobilization active duty status
should not be treated the same as Soldiers injured in the line of duty
while mobilized for a contingency operation.  Around February 2005, policy
was formalized splitting ADME for Soldiers injured in line of duty while on
IDT or on a non-mobilization active duty status and who are unable to
perform normal military duties in their MOS/area of concentration, and MRP
for Soldiers injured in the line of duty while mobilized for a contingency
operation and who are in need of medical evaluation, treatment, and
disposition.

18.  Army Regulation 635-40 provides that the medical treatment facility
commander with the primary care responsibility will evaluate those referred
to him and will, if it appears as though the member is not medically
qualified to perform duty or fails to meet retention criteria, refer the
member to an MEBD.  Those members who do not meet medical retention
standards will be referred to PEB for a determination of whether they are
able to perform the duties of their grade and military specialty with the
medically disqualifying condition.

19.  The Medical Holdover (MHO) program was designed to compassionately
evaluate and treat the RC MHO Soldier with an in line of duty incurred
illness, injury, or disease or aggravated pre-existing condition.  MHO is
defined as an RC Soldier mobilized on Title 10, U. S. Code, section 12302
orders in support of contingency operations and diverted from his or her
normal mobilization mission; demobilization processing; or medically
evacuated from theater who is in need of medical evaluation, treatment, and
disposition including definitive health care for medical conditions
identified, incurred, or aggravated while in an active duty status.  If the
Soldier agrees to enter MRP, he or she is assigned to the installation MRP
unit on Title 10, U. S. Code, section 12301(d) orders.  Once a Soldier
enters the MHO program on MRP orders, he or she will remain on Title 10, U.
S. Code, section 12301(d) orders until medical care is complete and the
Soldier is returned to duty or processed through the physical disability
evaluation system.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was given ADME for the periods 18 January to 1 September
2003; 14 November 2003 to 14 February 2004; and 15 July 2004 to 7 July
2005.

2.  The applicant has requested ADME for the period 29 May 2003 to 14 July
2004.

3.  As such, the applicant was on ADME for all but the periods except  
2 September to 13 November 2003 and 15 February to 14 July 2004.

4.  The applicant states that he was told he did not have the proper
documentation to warrant another set of ADME orders until he submitted a
physician’s statement on 14 November 2003.  Therefore, the absence of ADME
orders for the period 2 September to 13 November 2003 appears proper.

5.  When the applicant was evaluated by a physician on 14 July 2004, the
physician stated that the applicant had received good results with therapy
but, due to “administrative problems,” he was unable to undergo full
physical therapy and treatment.  It appears the applicant did not have
documentation to show that he required ADME from 15 February to 14 July
2004.

6.  The Army only issues ADME orders when there is documentation to show
that a Soldier requires continued medical treatment and is unable to
perform his or her duties.  The responsibility for providing that
documentation lies with the Soldier who is requesting ADME.
7.  As such, it would appear that the applicant was given ADME orders for
all periods of incapacitation he had certified by proper medical authority.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___jtm___  ___wdp__  ___rsv__  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.





                                  _________John T. Meixell__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007523                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070117                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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