IN THE CASE OF:	  

		BOARD DATE:	  	  12 February 2009

		DOCKET NUMBER:  AR20080017858 


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, in effect, reinstatement on active duty.

2.  The applicant states he was medically separated from the Army based on information that his lower back pain resulted from osteoporosis and was untreatable.  He states that after his discharge it was determined that his back pain was the result of an undiagnosed condition of hypothyroidism which is controlled by medication.  He states he no longer has back pain.

3.  The applicant provides a copy of his Army Medical Evaluation Board (MEBD) and Physical Evaluation Board (PEB) proceedings.  He also cites his Department of Veterans Affairs (VA) claim but does not provided of copy of any VA documents.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant served an initial period of active duty between 1991 and 1995.  He returned to active duty upon his enlistment on 2 February 1999.  On 24 March 2006 he executed an indefinite reenlistment contract.

2.  The MEBD proceedings, provided by the applicant, indicate he was diagnosed with Hodgkin’s lymphoma in September 2003 and subsequently underwent chemotherapy and radiation therapy with his last chemotherapy/

radiation therapy occurring in 2005.  The lymphoma, as of the MEBD in July 2007, was in remission.  The MEBD proceedings noted the applicant did have some back pain and that a bone scan in March 2007 resulted in a diagnosis of osteoporosis.

3.  On 7 February 2007, prior to undergoing the MEBD, the applicant requested voluntary separation from active duty with an effective date of 1 July 2007.  As the reason for his request, the applicant cited his lack of rehabilitation after cancer treatment severely inhibited his career advancement potential in his primary MOS (military occupational specialty) and that after remission from cancer, he desired a better quality of life for himself and his family than the Army could provide.  Documents available to the Board suggest that his request was approved and his separation date scheduled for 11 June 2007.

4.  On 1 June 2007 a request to retain the applicant on active duty for 90 days beyond his scheduled 11 June 2007 separation date for the purpose of undergoing disability processing was initiated.

5.  The 5 July 2007 MEBD proceedings revealed a diagnosis of Hodgkin’s lymphoma, osteoporosis, low back pain, and right ankle pain (MEBD diagnosis
1 through 4).  It noted the applicant had lymphoma which led to osteoporosis as a sequelae.  It also stated that the applicant’s Hodgkin’s lymphoma and osteoporosis did not meet retention standards.  It noted the applicant had back pain and right ankle pain but deferred those issues to orthopedics.  An MEBD addendum provided by Orthopedic Services at Fort Knox, Kentucky concluded the applicant’s low back pain and right ankle pain did not meet retention standards.  The MEBD recommended referral to a PEB.  On 18 July 2007 the applicant concurred with the findings and recommendation of the MEBD.

6.  On 3 August 2007 an informal PEB concluded the applicant’s functional limitations in maintaining the appropriate level of stamina caused by MEBD diagnoses 1 through 4 rendered the applicant medically unfit to perform the duties required of a Soldier of his rank and primary specialty.  As such the PEB found the applicant unfit and recommended he be discharged with severance pay.

7.  Although documents showing approval of the PEB findings and recommendation were not available to the Board, the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 10 September 2007 by reason of disability and received more than $74,000.00 in disability severance pay.  His DD Form 214 shows he was given a reentry code of "1" (fully qualified for enlistment).

8.  There were no medical documents available to the Board, or provided by the applicant which confirm his current medical condition.

9.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) states the overall effect of all disabilities present in a Soldier whose physical fitness is under evaluation must be considered.  The effect will be considered both from the standpoint of how the disabilities affect the Soldier’s performance and the requirements imposed on the Army to maintain and protect him or her during future duty assignments.  A Soldier may be unfit because of physical disability caused by a single impairment or physical disabilities resulting from the overall effect of two or more impairments even though each of them, alone, would not cause unfitness.

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states that any applicant who was last separated or discharged from any component of the U.S. Armed Forces for medical reasons with or without disability for enlistment into the Regular Army, United States Army Reserve, or Army National Guard will require a waiver.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not provided any that the findings and recommendation of the Army’s PEB were erroneous.  While the applicant maintains that he no longer suffers from back pain and that the original diagnosis as to the cause of his back pain may have changed, the evidence indicates that it was not only the applicant’s low back pain (MEBD diagnosis 3) which contributed to the finding of unfitness but rather a combination of all four MEBD diagnoses.  

2.  The applicant's DD Form 214 shows he was given a reentry code of "1"; however,  that appears to have been an error.  However, Army Regulation 601-210 does permit Soldiers who were previously discharged for medical reasons to return to military service if they are able to secure a waiver for such a purpose.  The applicant is advised to contact his local recruiting official to determine if such a waiver is possible in his particular case.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, 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)                                         AR20080017858



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ABCMR Record of Proceedings (cont)                                         AR20080017858



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