MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 October 2001                   
	DOCKET NUMBER:   AR2001060638

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Richard T. Dunbar		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 his records be corrected to show he had rheumatoid arthritis at the time of his discharge and to show the Physical Evaluation Board (PEB) considered his rheumatoid arthritis. 

APPLICANT STATES:  The applicant makes no additional statement.  He provides extracts from his military medical records as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records are not available.  Information contained herein was obtained from alternate sources.

The applicant enlisted in the Regular Army on 13 March 1989.  

Around February 1999, while assigned to Korea, the applicant was evaluated for a 2-year history of multiple joint pains which initiated in his hands and then spread throughout his hands, wrists, shoulders, knees, and ankles.  His medical evacuation summary noted that he was initially evaluated in the Internal Medicine Clinic as well as by a civilian rheumatologist in Korea and, given his history and a series of laboratory values, he was felt to have a diagnosis of rheumatoid arthritis. 

On 29 April 1999, the applicant was evaluated by the Rheumatology Service, Brooke Army Medical Center, San Antonio, TX.  That Service noted that prior to their evaluation laboratory testing on the applicant had been quite extensive with all functions/tests within normal limits except a January 1998 antinuclear antibody testing which was positive with a low-titer of 1-80 speckled pattern with normal complements and a positive rheumatoid factor 1:160.  Additional laboratory testing and radiographic evaluation was recommended upon completion of which further recommendations including referral for a Medical Evaluation Board (MEB) would be made.

The MEB Narrative Summary dated 4 October 1999, noted that the applicant had undergone multiple medical evaluations including by report a rheumatological evaluation while in Korea and was given a diagnosis of rheumatoid arthritis.  However, the Summary noted that no documentation of that evaluation was available.  A review of his systems indicated that they were notable for the presence of polyarthralgias, morning stiffness, painful swelling of the hands and feet, muscle pain, weakness, fatigue, and mechanical low back pain.  It was also notable for the absence of other symptoms apparently related to rheumatoid arthritis.  A musculoskeletal examination was notable for the absence of American College of Rheumatology tender points.  Radiographs of his hands and feet were normal and an MRI of his sacroiliac joints indicated no evidence of sacroilitis.  He was diagnosed with osteoarthritis with no clinical, radiographic evidence of rheumatoid arthritis, spondyloarthropathy, or other inflammatory arthropathy at that time.

On 6 October 1999, an MEB found the applicant unfit for duty with a diagnosis of osteoarthritis, pain moderate and frequent.  He was referred to a PEB.  On        14 October 1999, the applicant agreed with the MEB’s findings and recommendation.

On 19 October 1999, a PEB found the applicant unfit for duty because of osteoarthritis with muscle pain, joint pain, and stiffness and recommended his separation with severance pay with a 20 percent disability rating.  On 22 October 1999, the applicant concurred in the PEB’s findings and recommendation and waived a formal hearing of his case.

The applicant’s Certificate of Discharge or Release from Active Duty, DD Form 214, is not available.

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The regulation defines “physically unfit” as unfitness due to physical disability.  The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.  Appendix B prohibits pyramiding.  Pyramiding is the term used to describe the application of more than one rating on any area or system of the body when the total functional impairment of that area or system can be reflected under a single code.  All diagnoses that contribute to total functional impairment of any area or system of the body will be merged with the principal diagnosis for rating purposes.

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

1.  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 this requirement.

2.  The evidence of record shows that extensive laboratory testing and radiographic evaluations at the time of the applicant’s MEB ruled out rheumatoid arthritis.  In addition, even if he had been diagnosed with rheumatoid arthritis in addition to osteoarthritis, the rule prohibiting pyramiding would have prevented that condition from being considered as unfitting.  

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

__mkp___  __kak___  __rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060638	
SUFFIX		
RECON		
DATE BOARDED	20011002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.