BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150007697 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, in effect, requests correction of his record to show he was separated for medical reasons. 2. The applicant states he should have been afforded a medical discharge in lieu of discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 16, due to failure to meet body composition standards. As evidenced on his final physical exam, he was 72 inches tall and weighed 214 pounds (lbs.) at the time of discharge. The maximum allowable weight for his height was 223 lbs. Also he was given multiple physical profiles for foot and ankle conditions. These conditions were even recommended for a permanent profile but his discharge was processed before this could be implemented. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), excerpts of service medical records, and his Department of Veterans Affairs 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. On 19 September 1984, the applicant enlisted in the Regular Army. 3. A DA Form 4187 (Personnel Action) dated 25 February 1986 shows that he was advanced to Specialist (E-4) by waiver, effective 1 March 1986. 4. The complete facts and circumstances surrounding his discharge are not available for review with this case. However, his record contains a DA Form 4700 (Medical Record – Supplemental Medical Data) dated 5 September 1986 that shows he was 1lb. overweight for Army standards and he was recommended for a monthly weight loss of 4lbs. 5. On 12 January 1987, a bar to reenlistment was imposed against him citing insufficiency in appearance and performance. He acknowledged the imposition of the bar to reenlistment against him and elected not to appeal the decision. 6. On 26 January 1987, the appropriate authority approved the separation action under the provisions of Army Regulation 635-200, paragraph 16-5b (Voluntary Separation of Soldiers Denied Reenlistment) and directed his service to be characterized as honorable. 7. Headquarters, 25th Infantry Division (Light), Schofield Barracks, Hawaii, Order 26-184, dated 26 January 1987, reassigned him to the U.S. Army Transition Point on the same date and further discharged him effective 4 February 1987. 8. A DA Form 2496 (Disposition Form), dated 4 February 1987 shows the applicant did not desire a separation medical exam. 9. On 4 February 1987, he was discharged and transferred to the Individual Ready Reserve. He completed 2 years, 4 months, and 16 days of net active service during this period. 10. His complete service medical records are not available for review. 11. Army Regulation 40-501 (Standards of Medical Fitness) provides that for an individual to be found unfit by reason of physical disability, he/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. 12. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. It provides for a medical evaluation board that is convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status. A decision is made as to the Soldier's medical qualifications for retention based on the criteria in Army Regulation 40-501, chapter 3. Disability compensation is not an entitlement acquired by reason of 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 service. a. Paragraph 2-1 provides that the mere presence of impairment does not of 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 member reasonably may be expected to perform because of his or her office, rank, grade, or rating. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before he or she can be medically retired or separated. b. Paragraph 2-2b(1) provides that when a member is being processed for separation for reasons other than physical disability (e.g., retirement, resignation, reduction in force, relief from active duty, administrative separation, discharge, etc.), his or her continued performance of duty (until he or she is referred to the PDES for evaluation for separation for reasons indicated above) creates a presumption that the member is fit for duty. Except for a member who was previously found unfit and retained in a limited assignment duty status in accordance with chapter 6 of this regulation, such a member should not be referred to the PDES unless his or her physical defects raise substantial doubt that he or she is fit to continue to perform the duties of his or her office, grade, rank, or rating. c. Paragraph 2-2b(2) provides that when a member is being processed for separation for reasons other than physical disability, the presumption of fitness may be overcome if the evidence establishes that the member, in fact, was physically unable to adequately perform the duties of his or her office, grade, rank, or rating even though he or she was improperly retained in that office, grade, rank, or rating for a period of time and/or acute, grave illness or injury or other deterioration of physical condition that occurred immediately prior to or coincidentally with the member's separation for reasons other than physical disability rendered him or her unfit for further duty. 13. Title 38, U.S. Code, sections 1110 and 1131, permit the VA to award compensation for disabilities which were incurred in or aggravated by active military service. However, an award of a VA rating does not establish an error or injustice on the part of the Army. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. The Army disability rating is to compensate the individual for the loss of a military career. The VA does not have authority or responsibility for determining physical fitness for military service. The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge, to compensate the individual for loss of civilian employability. As a result, the VA, operating under different policies, may award a disability rating where the Army did not find the member to be unfit to perform his/her duties. Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. BOARD DETERMINATION/RECOMMENDATION 1. The applicant's contention that his records should be corrected to show he was separated for medical reasons has been carefully considered. 2. It is presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. There is no evidence that would indicate the contrary. Further, it is presumed his discharge accurately reflects his overall record of service during his enlistment. Absent evidence to the contrary, regularity must be presumed in this case. 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 that 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) AR20150007697 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007697 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1