IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150006178 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 military records to show she was diagnosed with tachycardia (abnormally rapid heart rate) and medically discharged instead of being honorably released from active duty (REFRAD) for pregnancy. 2. The applicant states: a. She wants her service medical records changed to show a diagnosis of tachycardia, not high pulse rate, so she can receive a disability check every month. b. She was sick with a high pulse rate, but they didn't want to diagnose her with a tachycardia. She was not pregnant when they wrote down that she had a high pulse rate that day. c. She wants service-connected compensation for tachycardia. 3. The applicant provides: * a letter from the Department of Veterans Affairs (VA), dated 23 March 2015 * service medical records * VA medical records CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the U.S. Army Reserve (USAR) on 23 March 1988 under the Delayed Entry Program for a period of 8 years. She was discharged from the USAR on 5 April 1988 for immediate enlistment in the Regular Army. She enlisted in the Regular Army on 6 April 1988 for a period of 3 years. She completed her training and was awarded military occupational specialty 88M (motor transport operator). 3. She provided nursing notes, dated November 1990, which show she had high pulse rates. 4. On 5 December 1990, she was honorably REFRAD for pregnancy. 5. She was ordered to active duty as a member of the USAR on 31 January 1991 in support of Operations Desert Shield/Desert Storm. On 8 February 1991, she was honorably discharged by reason of pregnancy. 6. There is no medical evidence showing she was diagnosed with tachycardia prior to her REFRAD in December 1990. 7. She provided VA medical records which show she was diagnosed with: * anxiety related to tachycardia in 2013 * palpitations, tachycardia in 2015 * sinus tachycardia in 2015 8. She also provided a letter from the VA, dated 23 March 2015, which states: a. Her claim for service connection for tachycardia (now claimed as high pulse rate) is considered reopened. However, the evidence continues to show this condition was not incurred in or aggravated by military service. b. The evidence does not show an event, disease, or injury in service. Her service treatment records do not contain complaints, treatment, or a diagnosis for this condition. While her service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. c. Pregnancy and childbirth are not disabilities for rating purposes. Chronic residuals of medical or surgical complications of pregnancy may be disabilities for rating purposes. There is no evidence of any persistent medical or surgical complications. 9. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. It states the mere presence of impairment does not, in itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of his or her office, grade, or rank. Disability compensation is not an entitlement acquired by reason of a service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in the service. When a Soldier is being processed for separation for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the Soldier is scheduled for separation or retirement indicates that a Soldier is fit. 10. Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade, or rating because of disability incurred while entitled to basic pay. DISCUSSION AND CONCLUSIONS: 1. The evidence confirms the applicant was REFRAD on 5 December 1990 for pregnancy. 2. She now wants her service medical records changed to show she was diagnosed with tachycardia for entitlement to a medical discharge. 3. There is no evidence of record and the applicant did not provide any evidence showing she was diagnosed with tachycardia or that this condition rendered her unable to perform her duties prior to her REFRAD in 1990. The evidence is insufficient to show a medical discharge was warranted. 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 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) AR20150006178 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006178 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1