IN THE CASE OF:	

		BOARD DATE:	  25 November 2008

		DOCKET NUMBER:  AR20080010142 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his discharge orders be corrected to show that his disability was combat related.

2.  The applicant states, in effect, that he was sent to Iraq with temporary physical profile limitations.  His deployment to Iraq aggravated his preexisting medical problems, and after a rocket attack, he could not respond as a healthy Soldier.

3.  The applicant provides extensive health records.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that while a Reserve Soldier serving in pay grade E-7, the applicant was ordered to active duty in support of Operation Enduring Freedom.  The applicant was diagnosed with knee pain when he was mobilized and was given a temporary physical profile at that time.

2.  While on active duty, the applicant was deployed to Iraq for 11 months and 18 days.  While on active duty, the applicant complained of knee pain, jammed thumb, cough, itching, spider bites, neck pain, elbow pain, nausea, sweats, chest pain, upset stomach, headaches, back pain, and foot pain.

3.  The applicant had approved line of duty investigations for falling backwards when he tripped over a sand bag which resulted in neck pain, and for slipping on a wooden platform which resulted in low back pain.
4.  On 8 November 2006, a Physical Evaluation Board (PEB) convened and determined that the applicant was physically unfit due to fibromyalgia (40 percent disabled), osteoarthritis (10 percent disabled), and herniated nucleus pulposus C6-7 with mild stenosis (zero percent disabling), for a combined rating of 50 percent disabled.

5.  On 4 December 2006, Headquarters, U.S. Infantry Center, Orders 338-2220 were published which show that the applicant was to be released from active duty on 8 December 2006 and placed on the Temporary Disability Retired List (TDRL) on 9 December 2006.  These orders also state "Disability resulted from a combat related injury as defined in 26 USC 104:  No."

6.  The applicant was released from active duty on 8 December 2006 and placed on the TDRL the following day.

7.  On the date the applicant submitted his request to the Board, he was still on the TDRL.

8.  In the processing of this case an advisory opinion was obtained from the Physical Disability Agency (PDA).  The PDA stated that there is no evidence that the applicant had any particular traumatic incident to his knees or back, and there is no evidence that his fibromyalgia was caused by any incident.  His other medical conditions were not found to be unfitting and, as such, are not authorized a combat-related finding.  The PDA adds that for a condition to be considered combat related, it would have to be caused by one of the following:

	a.  The condition was the direct result of armed conflict.  This means that the injury or disease must have been incurred while the Soldier was engaged in armed conflict.  This must be a direct causal relationship and simply being mobilized or being in a combat zone is insufficient.

	b.  The condition was directly caused by an instrumentality of war.

	c.  While engaged in or performing extra hazardous service.  This does not include just being in a location that is hazardous.  Examples:  flight duty, parachute duty, demolition duty, diving duties, or experimental stress duties.  Just being assigned to a unit that could perform those duties is insufficient, as the injury or disease must have been incurred as a result of performing those duties.

	d.  Under conditions simulating war.  Examples would be:  live fire exercises, combat training courses, etc.

9.  The PDA continues that none of the applicant's unfitting conditions were incurred or directly caused by any of the prerequisite conditions to be classified as combat related.  The PDA recommends no change to the applicant's records.

10.  The applicant was provided a copy of the advisory opinion and given the opportunity to respond.  He opted not to respond.

11.  Fibromyalgia is a common condition characterized by long-term, body-wide pain and tender points in joints, muscles, tendons, and other soft tissues.  Fibromyalgia has also been linked to fatigue, morning stiffness, sleep problems, headaches, numbness in hands and feet, depression, and anxiety.  Fibromyalgia can develop on its own or along with other musculoskeletal conditions such as rheumatoid arthritis or lupus.  The cause of this disorder is unknown.  Physical or emotional trauma may play a role in development of the syndrome.  Some evidence suggests that fibromyalgia patients have abnormal pain transmission responses.  It has been suggested that sleep disturbances, which are common in fibromyalgia patients, may actually cause the condition.  Another theory suggests that the disorder may be associated with changes in skeletal muscle metabolism, possibly caused by decreased blood flow, which could cause chronic fatigue and weakness.  Others have suggested that an infectious microbe, such as a virus, triggers the illness.  At this point, no such virus or microbe has been identified.  Pilot studies have shown a possible inherited tendency toward the disease, though evidence is very preliminary.  (MEDLINE PLUS)

DISCUSSION AND CONCLUSIONS:

1.  The only two injuries documented in the applicant's records are his falling backwards when he tripped over a sand bag which resulted in neck pain, and slipping on a wooden platform which resulted in low back pain.  Neither of these injuries meets the criteria for classification as combat related.

2.  The applicant has not submitted any evidence to show that his physically unfitting conditions, fibromyalgia, osteoarthritis, and herniated nucleus pulposus C6-7 with mild stenosis, were incurred in a manner which would qualify the conditions as combat related, as defined by the PDA.

3.  As such, there is no basis for granting the applicant's request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ___X___  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.



      ___________X______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080010142



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ABCMR Record of Proceedings (cont)                                         AR20080010142



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