MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            20 May 1999                  
	DOCKET NUMBER:   AR1999025048

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Ms. Margaret V. Thompson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his discharge be corrected to a medical retirement.

APPLICANT STATES:  “I believe I should have been discharged with disability retirement pay.”

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the ARNG on 4 February 1975, was promoted to pay grade E-5, and was awarded the military occupational specialty of infantryman. 

On 6 January 1989 the applicant was jogging in formation and tripped on a railroad track.  The following day he reported having severe back pain as a result of that incident.  He was given two weeks of convalescence (no work), given medication, and advised to rest and to take hot showers.

In August 1992 the applicant was attending Primary Leadership Development Course (PLDC).  He academically failed PLDC but was retained on active duty to complete his two week annual training period.  On 11 August the applicant reported to sick call complaining of several days of pain in his back radiating to his left side.  At that time the applicant stated that he had not been injured nor had he been doing anything he didn’t normally do.

The applicant received follow-up medical care and incapacitation pay (full military pay and allowances) since he had been separated from his civilian job (a furniture mover), presumably because he was no longer physically able to do that job.  Over time he reported that the pain increased, then encompassing his entire back and reported that his left leg was then constantly numb to his ankle.

The applicant’s unit had to counsel him concerning missing scheduled, required medical appointments and for failing to bring in required medical documentation to the medical appointments for which he did report and to his unit so they could process his incapacitation pay and monitor his progress.

On 20 January 1994 the applicant was x-rayed and was found to have a small disc bulge at L4-L5 and a moderate spinal stenosis at that level.  However, there were no bony abnormalities noted and there were no herniated discs.  The 
x-rays did reveal a possible metallic object lodged in his left lower extremity.  Based on those x-rays and medical examination, it was concluded that there was no physical reason for the nature and extent of the applicant’s reported pain and numbness, although the numbness was thought to be the result of the metallic object that was noted in his leg.  The applicant was then determined medically disqualified for retention.

The applicant was honorably discharged due to medical disqualification on 26 June 1994.

Army Regulation 600-8-1, paragraph 41-8 states, in pertinent part, that if an EPTS condition was aggravated by military service, the finding will be in line of duty.  If an EPTS condition is not aggravated by military service, the finding will be not in line of duty, EPTS.  Specific findings of natural progress of the pre-existing injury or disease based on well established medical principles alone are enough to overcome the presumption of service aggravation.

Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.

Title 10, United States Code, section 1203, provides for the physical disability separation with severance pay of a member who has less than 20 years service and a disability rated at less than 30 percent.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  Neither of the applicant’s alleged injuries while he was on active duty are clear cut.  He tripped over a railroad tie and didn’t report having pain until the following day.  Several years later he reported back pain of several days duration which manifested without trauma or unusual activity.  

2.  As such, and in view of the nature of the applicant’s civilian job, a furniture mover, the service connection for his back pain does not appear to be resolved.  In addition, his leg numbness appears to be due to a metallic object, not from tripping or performing military duties.

3.  Also, there was no discernable medical condition which could be found which would explain the reported severity of the applicant’s pain.  Without a specific medical condition in which to base a medical board, he had to be discharged without benefits since he was unable to perform his duties as an infantryman.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_emw___  _hof_____  _mvt_______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999025048	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990520	
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.