BOARD DATE:  17 April 2020

		DOCKET NUMBER:  AR20160018921


APPLICANT REQUESTS:  a change of his U.S. Army Reserve (USAR) discharge to a 
disability separation.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 2173 (Statement of Medical Examination and Duty Status)
*	Orders Number D-02-907739
*	Department of Veterans Affairs (VA) home loan eligibility information

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states while on active duty at Tripler Army Medical Center in 1993, he 
dislocated his left knee, which resulted in his discharge from the USAR.  He is currently 
service-connected and rated at 10 percent for this injury.  His discharge orders state 
“honorable” and it should state “honorable, medical.”  He is applying for a home loan 
and correction of his discharge order would generate a VA Certificate of Eligibility 
(COE).  Since 2007 and currently he is employed as a doctor at  .  He plans on working 
at the VA for his career.  He has served his country honorably and will continue to do 
so.  He needs this discharge order amended in order to obtain a VA home loan and 
COE.

3.  The applicant provided his:

	a.  DA Form 2173, dated 16 December 1993, showing he was admitted to the Tripler 
Army Medical Center, HI, on 11 October 1993, for a dislocated left knee he sustained at 
the beach.  He underwent surgery to repair ligament tears, was placed in a cast and 
brace, and was returned to duty in December 1993.  The injury was determined to be in 
the line of duty.
	b.  Orders Number D-02-907739, dated 12 February 1999.

	c.  VA home loan eligibility information.

4.  Review of the applicant’s service records show:

	a.  He was appointed in the USAR, Medical Service Corps, as a second lieutenant, 
on 7 August 1990.

	b.  His records contain the same DA Form 2173 provided by him.

	c.  The complete facts and circumstances surrounding his discharge from the USAR 
are not available for the Board to review.  However, his available records contain Orders 
Number D-02-907739, issued by the USAR Personnel Command on 12 February 1999, 
honorably discharging him from the USAR, under the authority of Army Regulation 
(AR) 135-175 (Army National Guard and Army Reserve – Separation of Officers), 
effective the same date.

5.  The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting 
documents submitted by the applicant and available automated medical records and 
made the following findings and recommendations:  

	a.  Due to the time of the applicant’s service, there is very limited information 
contained in the applicant's records in iPERMS.  The applicant’s iPERMS records are 
only related to the line of duty (LOD) for his knee injury.  There are no records related to 
the applicant in the Armed Forces Health Longitudinal Technology Application (AHLTA) 
medical record or the Health Artifacts Image Management Solutions (HAIMS) records. 
According to the VA's Joint Legacy Viewer (JLV) and the records submitted by the 
applicant, he was given a 10% service connected rating in July 2008 for his knee injury.  

	b.  The requirements to obtain a VA Certificate of Eligibility (COE) include serving 90 
consecutive days of active service during wartime, serving 181 days of active service 
during peacetime, or having 6 years of service in the National Guard or Reserve.  There 
is no requirement that would indicate that the applicant requires a medical discharge in 
order to qualify for a VA COE.  The applicant’s DD214 is not available for review, and 
there are no other records available related to the circumstances of the applicant’s 
separation from the Army.  Based on the description of the knee injury in the LOD report 
there is no indication that the injury would not have met retention standards IAW AR 40-
501, Chapter 3.  There is no documentation to indicate that the characterization of the 
applicant’s discharge be changed.  Therefore, it is the opinion of the Agency Medical 
Advisor, based on the available information, that there is no indication that the 
applicant’s record be referred to the Disability Evaluation System for consideration for 
medical retirement. 

6.  By regulations:

	a.  AR 135-175, action will be taken to separate USAR officers from an active status 
for a variety of reasons.

	b.  AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), a 
Soldier may be discharged from the Army for not meeting retention standards in 
accordance with chapter 3 of AR 40-501 (Standards of Medical Fitness) and awarded a 
disability rating assigned by the Army’s disability system.  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.  

6.  By law, the VA may award ratings because of a medical condition related to service 
(service-connected) and affects the individual's civilian employability.  The findings of 
the VA as to disability conditions are not binding on the Army and do not require 
reassessment of earlier determinations.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
The Board considered the applicant’s injury, surgery and return to duty as well as his 
VA rating.  The Board also considered the review and conclusions of the medical 
advising official.  The Board agreed based on the description of the knee injury in the 
LOD report and finding no indication that the injury failed to meet retention standards 
IAW AR 40-501, Chapter 3 that further medical processing was not warranted.  Based 
upon a preponderance of the evidence, the Board concluded there was insufficient 
evidence of an error or injustice which would warrant a change in the applicant’s 
narrative reason for separation.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.


		  
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.

REFERENCES:

1.  Title 10, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation (AR) 135-175 (Army National Guard and Army Reserve – 
Separation of Officers), in effect at the time, prescribed the policies, criteria, and 
procedures governing the separation of Reserve officers of the Army.  The regulation 
stated in:

	a.  Paragraph 4-4 (Removal from an active status) – member of the Army Reserve 
would be removed from an active status for any of the reasons in (1) through (18), with 
or without the officer’s consent regardless of the length of commissioned service.  
Removal would be discharge, transfer to the Retired Reserve (if eligible and requested 
by the member) or, if eligible, transfer to Control Group (Inactive).  Some of the reasons 
included removal for:

*	when found to be medically unfit to perform active duty (Title 10, USC, section 
1004), except when the officer—

*	had been approved for continuance in an active status under the provisions of 
AR 40–501
*	Had incurred a disability in the line of duty and was eligible for processing 
under the provisions of pertinent medical regulations

*	attaining maximum allowable age
*	completion of maximum authorized years of service
*	nonselection for promotion after second consideration

3.  AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at 
the time, set forth policies, responsibilities, and procedures that applied in determining 
whether a Soldier was unfit because of physical disability to reasonably perform the 
duties of his/her office, grade, rank, or rating.  Only the unfitting conditions or defects 
and those which contributed to unfitness would be considered in arriving at the rated 
degree of incapacity warranting retirement or separation for disability.  Soldiers who 
sustained or aggravated physically-unfitting disabilities must meet the following line-of-
duty criteria to be eligible to receive retirement and severance pay benefits.  The 
regulation stated:
	a.  The mere presence of a medical impairment does not in and of itself justify a 
finding of unfitness.  In each case, it was necessary to compare the nature and degree 
of physical disability present with the requirements of the duties the Soldier may 
reasonably be expected to perform.

	b.  The VA Schedule for Rating Disabilities (VASRD) was primarily used as a guide 
for evaluating disabilities resulting from all types of diseases and injuries encountered 
as a result of, or incident to, military service.  Once a Soldier was determined to be 
physically unfit for further military service, percentage ratings were applied to the 
unfitting condition(s) from the VASRD.  Those percentages were applied based on the 
severity of the condition at the time of separation.  

4.  AR 40-501 (Standards of Medical Fitness), in effect at the time, governed medical 
fitness standards for enlistment, induction, appointment, retention, and separation 
(including retirement).  Once a determination of physical unfitness was made, the 
Physical Evaluation Board rated all disabilities using the VASRD.  Ratings could range 
from 0% to 100%, rising in increments of 10%.

5.  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, USC, 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.

6.  Title 38, USC, 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, however, is not required by law to determine medical unfitness for further 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.  

7.  A VA Certificate of Eligibility is a document showing proof a buyer has met the VA’s 
service requirement.  Eligibility required completion of:

*	24 continuous months, or
*	the full period (at least 90 days) for which you were called or ordered to active 
duty, or
*	at least 90 days if you were discharged for a hardship, a reduction in force, or for 
convenience of the government, or
*	less than 90 days if you were discharged for a service-connected disability

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20160018921


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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