BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160001588 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160001588 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. BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160001588 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 his record to show he received a medical discharge. 2. The applicant states, in effect, he was accepted for induction into service with an abnormal hearing loss, which was damaged further from military service, as shown in his attached medical records. It was unjust not to receive a medical discharge for the damage to his hearing, which cannot be fixed. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 13 December 1970 and two records of medical measurements and findings. 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 was inducted into the Army of the United States on 23 April 1969. His DD Form 47 (Record of Induction) shows he was found acceptable for induction into the Armed Forces after initially receiving a PULHES [the acronym used to address factors comprising the Military Physical Profile Serial System] rating of "1-1-1-2-1-1." His PULHES indicating he had a medically recorded deficiency concerning his hearing and ears (H) but no medical deficiencies concerning his physical capacity or stamina (P), upper extremities (U), lower extremities (L), eyes (E), and/or psychiatric condition (S). 3. The applicant completed his initial entry training and was awarded military occupational specialty (MOS) 31M (Radio Relay and Carrier Attendant). He served in the Republic of Korea from on or about 18 November 1969 through on or about 12 December 1970. 4. His DD Form 214 shows he was honorably released from active duty on 13 December 1970 and transferred to U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 7 months, and 21 days of net active service and he was discharged as an overseas returnee. 5. A DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 13 December 1970, shows his PULHES at date of separation was "1-1-1-2-1-1," indicating his physical profile at the time of his separation was consistent with what it had been at the time he was inducted. 6. There is no evidence within the applicant's record that shows he was injured or received treatment for hearing loss during his military service. In addition, there is no indication he failed to meet medical retention standards to perform the duties required of his grade or MOS. 7. The applicant provides two records of measurements and other findings. Neither of the forms show his name or other personally identifiable information. a. One form dated 22 April 1969, shows at induction a medical examiner listed defective hearing in item 74 (Summary of Defects and Diagnosis). The form shows a PULHES of "1-1-1-2-1-1." b. Item 73 (Notes) of the second form, not dated, shows the medical examiner listed "abnormal hearing at induction – frequent ear infections." Item 74 shows the medical examiner listed "greater hearing loss than at induction." The form shows a PULHES of "1-1-1-1-1-1." REFERENCES: Army Regulation 40-501 (Standards of Medical Fitness) provides that for an individual to be found unfit by reason of physical disability, he or she must be unable to perform the duties of his or her office, grade, rank or rating. Performance of duty despite impairment would be considered presumptive evidence of physical fitness. a. Paragraph 7-3 provides an individual having a numerical designation of "1" under all PULHES factors is considered to possess a high level of medical fitness. b. Paragraph 7-4 provides profiles are considered permanent unless a modifier of "T" (temporary) is added. A permanent profile may only be awarded or changed by the authority designated in paragraph 7–6, below. All permanent "3" and "4" profiles, for Soldiers on active duty, will be reviewed by an MEB physician or physician approval authority. An MEB physician is an MTF dedicated subject matter expert trained to perform disability evaluations. c. Paragraph 7-6 provides medical treatment facility commanders may designate one or more profiling officers who are physicians, dentists, optometrists, podiatrists, audiologists, nurse practitioners, nurse midwives, licensed clinical psychologists, and physician assistants as profiling officers. The commander will assure that those designated are thoroughly familiar with the contents of Army Regulation 40-501. DISCUSSION: 1. The applicant requests correction of his record to show he received a medical discharge. He contends he entered the military with a diagnosed hearing loss and his hearing was further damaged during military service. 2. The applicant was diagnosed with hearing loss prior to his induction into the military. His record confirms he received a PULHES of "1-1-1-2-1-1" prior to induction, indicating a medical deficiency in his hearing and ears. A DA Form 1811 shows he was evaluated to have the same PULHES at his time of separation. 3. Although the applicant provides a medical measurement and other findings form that shows greater hearing loss than at induction, his record does not show his hearing loss worsened to a level at which a medical examiner determined he could not reasonably perform his military duties. There is no evidence the recorded hearing loss required referral to a medical evaluation board. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016310 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001588 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2