MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           26 July 2001                  
	DOCKET NUMBER:   AR2001054823

	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. Carl W. S. Chun		                         Director	
	Mr. Edmund P. Mercanti		                         Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Hubert O. Fry		Member	
	Mr. Eric N. Andersen		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:  In effect, that her DA Form 4707-C, Entrance Physical Standards Board (EPSBD) Proceedings, be corrected to show that she was hurt during Basic Combat Training (BCT).

APPLICANT STATES:  That she was healthy when she went to her recruiter.  Her back was injured in an automobile accident she was involved in with her recruiter.  She suffered from tendonitis and foot pain as a result of the stresses of BCT.

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

She enlisted in the Regular Army on 18 November 1999 and entered into BCT.

On 26 January 2000 an EPSBD was convened to determine whether the applicant met the procurement medical fitness standards.  The EPSBD determined that the applicant suffered from bilateral achilles tendonitis and right dorsal foot pain, “most likely due to overuse,” and low back pain that existed prior to service and which was not aggravated by service.  The former finding, that the applicant’s achilles tendonitis and foot pain was most likely due to overuse, was based on the lack of any evident injury or physical defect, and the applicant’s history of not playing any sports.  The latter finding, that the applicant’s low back pain existed prior to service and was not aggravated by service, was based on the applicant’s own admission that she had suffered from low back pain since a motor vehicle accident which occurred in 1998. 

The applicant concurred with the EPSBD’s findings and requested to be immediately discharged.  Her request was approved and she was given an uncharacterized separation for failure to meet procurement medical fitness standards on 14 February 2000.

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.  The applicant’s lower back pain was due, by her own admission, to an automobile accident which occurred prior to her enlistment.  If she was in an automobile operated by the recruiter when she had the accident, then any compensation she would receive from that accident would have to be determined in civil court.  She was not covered by the Army’s Disability Evaluation System until she enlisted.

2.  The EPSBD determination that the applicant had not injured herself and did not have any physical defects causing her achilles tendonitis and foot pain, and the board’s conclusion that the conditions were caused by overuse, is in keeping with a diagnosis of non-service connected disability.  That diagnosis was really saying that the applicant was not in the physical condition upon her enlistment to complete the rigors of BCT.  That lack of physical conditioning resulted in overuse “injuries.”  The pain and swelling she experienced as a result of the overuse was temporary in nature, and would subside when she stopped overusing the portions of her body that were being adversely affected.

3.  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

___rvo___  ___hof__  ____ena_  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001054823	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010726	
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.	124.01	
2.		
3.		
4.		
5.		
6.