BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150014015 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: 17 November 2016 DOCKET NUMBER: AR20150014015 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: 17 November 2016 DOCKET NUMBER: AR20150014015 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 records to show he was medically retired. 2. The applicant states he thinks he should have been medically retired because his application to stay in the service was denied because he was rendered unfit for military service due to his service-connected disability. 3. The applicant provides: * page 1 of his DA Form 199 (Physical Evaluation Board (PEB) Proceedings) * letter from the Veterans Administration (currently known as the Department of Veterans Affairs (VA)), dated 15 March 1983 * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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. Having prior enlisted service in the Regular Army, the applicant again enlisted in the Regular Army on 22 November 1978 for a period of 4 years. He completed his training and was awarded military occupational specialty 12B (combat engineer). 3. On 13 April 1982, a medical evaluation board (MEB) diagnosed him with insulin-dependent diabetes mellitus. The MEB recommended his referral to a PEB. On 26 April 1982, he concurred with the MEB findings and recommendation. 4. On 10 May 1982, a PEB found him physically unfit due to diabetes mellitus, controllable with diet and insulin, and assigned a disability rating of 20 percent. The PEB recommended his separation with severance pay. 5. On an unknown date, he applied for continuance on active duty. On 26 May 1982, he withdrew his application for continuance on active duty, concurred with the PEB findings, and waived a formal hearing. 6. On 2 June 1982, the U.S. Army Physical Disability Agency approved the PEB findings. 7. On 9 July 1982, he was honorably discharged by reason of disability with severance pay and a disability rating of 20 percent. 8. He provided a letter from the VA, dated 15 March 1983, showing he was granted service connection for diabetes with a disability rating of 20 percent. 9. In the processing of this case an advisory opinion was obtained from the Army Review Boards Agency Senior Medical Advisor, dated 7 September 2016, wherein he recommends denial of the applicant's request. The opinion states: a. The MEB narrative summary, dated 31 March 1982, shows the applicant presented with polyuria, polydipsia, and glycosuria in December 1981 with a formal diagnosis of diabetes mellitus in June 1981. He was hospitalized from 8 June 1981 to 15 July 1981 with weight loss of 10-15 pounds secondary to symptoms and a glucose level of 682 milligrams per deciliter. He was treated with insulin drop, then oral hypoglycemic, and then neutral protamine Hagedorn insulin through mid-July when insulin was discontinued with his diabetes controlled by diet alone. He was lost to follow-up care and apparently stable until December 1981 when he represented with weight loss and a plan to readmit for hospitalization on 21 December 1981. He did not show for treatment due to his pregnant wife. He again presented to the clinic on 5 January 1982 with a fasting glucose level of 500 milligrams per deciliter. He was started on insulin treatment as an outpatient. He was then followed by an internal medicine physician and nurse practitioner with exhaustive education but poor compliance with medical therapy and multiple "no shows" for follow-up care with providers. He demonstrated minimal knowledge of the disease despite medical efforts. His symptoms and glucose levels were brought under control with once-daily insulin. b. His Standard Form 88 (Report of Medical Examination), dated 8 March 1982, for the purpose of the MEB shows a normal examination except items 33 (Endocrine System) and 39 (Identifying Body Marks, Scars, Tattoos). He was assigned a physical profile rating of 411121. c. The MEB Proceedings, dated 13 April 1982, show a diagnosis of insulin-dependent diabetes mellitus with a proximate date of origin in June 1981, determined to be in line of duty. He indicated a desire to remain on active duty; however, he was not medically qualified for continuance on active duty. The MEB recommended processing him for separation. d. The PEB Proceedings, dated 10 May 1982, show his disability listed as diabetes mellitus, controllable with diet and insulin, and included the comments: (1) Member has applied for continuance on active duty. The recommended disposition in item 9 applies if member's application for continuance is denied. (2) Member's apparent inability to grasp intellectually and motivationally those elements of care required to maintain his health (with diabetes mellitus) renders him unfit for military service. e. The PEB recommended a disability rating of 20 percent and separation with severance pay. f. The VA letter, dated 15 March 1983, shows he was granted service connection for diabetes with a disability rating of 20 percent. No other VA records were available for review from March 1983 through the electronic problem list entry in 1997. A limited review of VA records through the Joint Legacy Viewer listed the following diagnoses related to the MEB/PEB discharge diagnosis: * insulin-treated type 2 diabetes mellitus (entered 4 September 1997, updated 4 January 2016) * proliferative diabetic retinopathy (entered 17 October 2001) * diabetic neuropathy (entered 20 December 2010) * diabetic macular edema (entered 6 November 2013) g. The applicant did not meet medical retention standards. h. His medical conditions were duly considered during medical separation processing. i. A review of the available documentation found no evidence of a medical disability or condition that would support a change to the character of service or reason for discharge in this case. 10. A copy of the advisory opinion was provided to the applicant for comment or rebuttal. He did not respond. REFERENCES: 1. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. It states there is no legal requirement in arriving at the rated degree of incapacity to rate a physical condition which is not in itself considered disqualifying for military service when a Soldier is found unfit because of another condition that is disqualifying. Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability. 2. Title 10, U.S. Code, chapter 61, provides for 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. 3. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent. Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating of less than 30 percent. DISCUSSION: 1. The applicant contends he should have been medically retired instead of honorably discharged by reason of disability with severance pay. 2. The evidence shows a PEB found him physically unfit due to diabetes mellitus, controllable with diet and insulin. The PEB recommended a 20-percent disability rating and separation with severance pay. He concurred with the PEB findings and recommendation on 26 May 1982. 3. He provided 1983 VA documentation showing he was granted service connection for diabetes with a disability rating of 20 percent. 4. The governing law provides for the physical disability separation of a member who has less than 20 years of service and a disability rating of less than 30 percent. 5. The Army Review Boards Agency Senior Medical Advisor reviewed the available records and found no evidence that would support changing the separation the applicant received. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014015 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014015 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2