IN THE CASE OF: BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160004808 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 IN THE CASE OF: BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160004808 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. IN THE CASE OF: BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160004808 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 reconsideration of his previous request for a medical discharge. 2. The applicant states, in effect: a. He should have been medically discharged because of the illness he has experienced over the last 38 years (1977 through 2016). b. His diabetic conditions started in early 1970 while he was in the military. He was sick and did not know what the problem was. 3. The applicant provides copies of his DD Form 214 (Report of Separation from Active Duty) and his Discharge Certificate. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140015848 on 30 April 2015. 2. The applicant enlisted in the Regular Army on 7 September 1976 and he completed training as a motor transport operator. 3. His record shows he was treated at the Troop Medical Clinic, Fort Polk, LA on 1 October 1976 for a painful right leg. He was also treated at the 5th Medical Dispensary, Fort Polk, LA on 31 May 1977 for back pain. 4. The applicant accepted nonjudicial punishment on: * 11 May 1977 for being absent without leave (AWOL) from 2 to 10 May 1977 * 14 June 1977 for being AWOL from 13 May to 7 June 1977 5. The applicant's records show he was treated at the 5th Medical Dispensary, Fort Polk, LA on the following dates for the following conditions: * 24 June 1977 for pain in the small of his back * 1 July and 8 August 1977 for back pain * 18 August 1977 for back pain as a result of a motorcycle accident 6. On 4 January 1978, the applicant was convicted by a special court-martial of being AWOL from 24 October to 20 November 1977. 7. He was treated at the U.S. Army Troop Medical Center, Fort Riley, KS on 24 January 1978 for back pain and on 1 February 1978 for back and upper muscle spasm. 8. A DA Form 2496 (Disposition Form), dated 15 February 1978, shows, as part of the separation process, the applicant was interviewed by his commander and advised of his right to a physical examination and the effects of waiving an examination prior to discharge. The applicant was also given an opportunity to consult with a member of the Judge Advocate General’s Office. The applicant requested that he be granted a waiver of his physical examination and acknowledged he understood he may be waiving his medical benefits. The applicant’s commander requested the staff judge advocate initiate the appropriate waiver and return it to the applicant’s unit. 9. All the facts and circumstances pertaining to the applicant's discharge are not available. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 13-5a(1), due to misconduct with an under other than honorable conditions discharge. He completed 1 year, 3 months, and 2 days of total active service. 10. The applicant completed no foreign service. The available evidence shows he never left the United States. He was assigned to Fort Leonard Wood, MO; Fort Polk, LA; and Fort Riley, KS. 11. During the processing of this case, an advisory opinion was obtained from the Army Review Boards Agency Senior Medical Advisor who states the applicant met medical retention standards for recurrent low back pain in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, and following the provisions set forth in Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), that were applicable to the applicant's era of service. This official states there is no available history or medical evidence of a pre-diabetic condition or diabetes mellitus during the era of the applicant's military service. Based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. 12. A copy of the advisory opinion was sent to the applicant for his information and/or possible rebuttal. He submitted a rebuttal stating: a. He did not receive medical treatment until he went into a diabetic coma on 21 March 1990. b. He went to the Memphis, TN, Medical Center from May 1996 to March 2016 and he was in the Veterans Choice Temporary Program from March 2016 to March 2017. He states he is currently being seen at the Department of Veterans Affairs (VA) in Memphis, TN. c. He drove a fuel truck and he could have gotten diabetes from the fuel or “CS” gas. Neither of his parents, his brother, nor his two sisters have diabetes mellitus. d. He had a motorcycle accident and he believes it was because he had low sugar. He also believes it is a VA service-connected condition. e. Additionally, he believes his varicose veins of the leg, peripheral vascular disease, hearing loss, idiopathic peripheral neuropathy, dermatophytosis (ringworm) of the foot, hemorrhoids, type II diabetes mellitus, hyperlipidemia, gastro-esophageal disease, and major depressive disorder are service-connected (conditions). f. He hurt his back at Edward Air Force Base in Louisiana when he picked up a heavy chain. g. He also alleges he could have gotten some of his conditions from the polluted water, due to the British Petroleum oil spill in Louisiana. REFERENCES: 1. Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel. a. Paragraph 13-5(a)1 provided for the separation for unfitness, which included frequent incidents of a discreditable nature with civil or military authorities. When separation for unfitness was warranted an undesirable discharge was normally considered appropriate. b. Paragraph 3-7a states an honorable discharge was a separation with honor. The honorable characterization was appropriate when the quality of the member's service generally had met the standards of acceptance conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would be inappropriate. c. Paragraph 3-7b states a general discharge was a separation from the Army under honorable condition. When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. 2. Army Regulation 635-40, in effect at the time, set forth policies, responsibilities, and procedures that apply in determining whether a Soldier was unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. 3. Army Regulation 40-501, chapter 3, in effect at the time, provided that for the separation of an individual found to be unfit by reason of physical disability, he/she must be unable to perform the duties of his officer, grade, rank, or ratings. Members with conditions, as listed in this chapter, were considered medically unfit for retention on active duty and were referred for disability processing. Paragraph 6-9 (Endocrine and metabolic disorders) stated the cause of medical unfitness for military service was diabetes mellitus, unless mild and controllable by diet; however, for non-deployable recalled Army retirees, diabetes mellitus adequately controlled by diet or hypoglycemic medication (oral or insulin) was acceptable. 4. Title 38, U.S. Code, sections 1110 and 1131, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. DISCUSSION: 1. According to the advisory opinion the applicant met medical retention standards in accordance with Army Regulation 40-501, chapter 3 and following the provisions set forth in Army Regulation 635-40 that were applicable to his era of service. There is no available history or medical evidence of a pre-diabetic condition or diabetes mellitus during the era of the applicant's military service. 2. Based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which lead to his separation from the Army. 3. None of the medical conditions noted in the applicant’s rebuttal statement were diagnosed or treated by the military prior to his discharge in 1978. In fact, he stated he was not treated for diabetes until 1990, which was 12 years after his discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004808 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004808 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2