IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080010687
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 correction of her DA Form 3947 (Medical Evaluation Board (MEB) Proceedings), dated 12 December 2005, to show that her bilateral knee pain did not exist prior to service (EPTS).
2. The applicant states, in effect, that she was not diagnosed with bilateral retropatellar pain syndrome until 2005 but the DA Form 3947 shows that this condition was EPTS. She points out that the 9 November 2005 MEB consultation states that she had an 18-month history of bilateral anterior knee pain.
3. The applicant provides page one of a DA Form 3947, dated 12 December 2005; the MEB consultation, dated 9 November 2005; and a DA Form 71 (Oath of Office Military Personnel).
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of captain. She entered active duty on 6 January 2002.
2. The applicants MEB consultation, dated 9 November 2005, states, in pertinent part, that her chief complaint was bilateral knee pain, that she was a signal officer with 18-month history of bilateral anterior knee pain, and that she was undergoing an MEB evaluation for lupus.
3. On 12 December 2005, an MEB diagnosed the applicant with systemic lupus erythematosus manifested in the past by biopsy proven WHO class V nephritis (membranous) with nephritic syndrome, lupus cerebritis in January 2002 with cerebellar stroke, positive ANA, positive Smith antibody, arthralgias, photosensitive rashes, and Raynauds phenomenon (approximate date of origin 2002) (EPTS); migraine headaches (approximate date of origin 2002), meets retention standards (EPTS); and bilateral knee pain due to retropatellar pain syndrome (approximate date of origin 2004), meets retention standards (EPTS). The applicant indicated that she did not desire to continue on active duty. The MEB recommended that the applicant be referred to a Physical Evaluation Board (PEB). The applicant concurred with the boards findings and recommendation on 19 December 2005.
4. Item 13d (Existed Prior to Service) on the applicants DA Form 3947, dated
12 December 2005, shows an X under Yes for diagnosis number 3 (Bilateral knee pain due to retropatellar pain syndrome, meets retention standards).
5. On 22 December 2005, a PEB found the applicant physically fit for duty. The applicant concurred with the results of the PEB on 6 January 2006.
6. On 9 January 2006, the United States Army Physical Disability Agency approved the findings of the PEB.
DISCUSSION AND CONCLUSIONS:
The applicant entered active duty in 2002. Medical evidence of record shows she had an 18-month history of bilateral anterior knee pain in 2005. The MEB stated that the applicants bilateral knee pain originated in 2004; however, the MEB also determined that this condition existed prior to her entry into military service. Since the preponderance of evidence supports the applicants contention that her bilateral knee pain did not exist prior to her service, it would be appropriate to correct the DA Form 3947, dated 12 December 2005, to show this condition did not exist prior to service.
BOARD VOTE:
___xx___ __xx____ ___xx___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the X under Yes in item 13d (Existed Prior to Service) for diagnosis number 3 on the DA Form 3947, dated 12 December 2005 and entering an X under the No portion of the item.
____________xxxx______
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) AR20080010687
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ABCMR Record of Proceedings (cont) AR20080010687
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