IN THE CASE OF:  

		BOARD DATE:  8 May 2020

		DOCKET NUMBER:  AR20160018954


APPLICANT REQUESTS:  change his discharge to an honorable medical discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States
*	Veterans Administration Documentation

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 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 due to his service connected disabilities (from injuries sustained 
while on active duty) identified by the Department of Veteran Affairs have been deemed 
permanently and totally disabling.  He believes that he should have been given a PEB 
(physical evaluation board) or MEB (medical evaluation board) before being discharged 
from the United States Army.  He sustained all of service connected conditions while on 
active duty and they have progressed over the years and are permanent.  He provides 
several VA related medical records, including rating decisions, progress notes, and 
other correspondence.

3.  A review of the applicant’s service records shows:

	a.  Having had prior enlisted service, he enlisted in the Regular Army on 29 October 
1991.  

	b.  On 20 November 1997, he was honorably discharged from active duty in 
accordance with chapter 4 of Army Regulation (AR) 635-200 (Active Duty Enlisted 
Administrative Separations) by reason of completion of his required active service.  His 
DD Form 214 shows:
*	he completed 6 years, and 22 days of active service
*	he was assigned Separation Program Designator (SPD) Code "KBK"
*	he was assigned Reentry (RE) Code "1" (fully eligible to reenlist) 

	c.  His record is void of a permanent profile or a diagnosis by a military treatment 
facility of a condition that failed retention standards and/or necessitated his entry into 
the disability evaluation system.

4.  The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting 
documents and the applicant's records in iPERMS, the Armed Forces Health 
Longitudinal Technology Application (AHLTA), Health Artifacts Image Management 
Solutions (HAIMS) and the VA's Joint Legacy Viewer (JLV) and made the following 
findings and recommendations: There were no AHLTA or HAIMS records for review.  
There were no in-service treatment notes for any medical or behavioral health 
conditions for review.  JLV search shows the only record within a decade of the 
applicant’s separation from the military is a 07 Feb 1996 normal chest x-ray.  A 
discharge exam was not found.  At this time, based on review of the available 
documentation, evidence is insufficient to support referral to the Army DES for 
consideration of medical disability.

5.  By regulation (AR 635-40), paragraph 3-1 (Standards of Unfitness Because of 
Physical Disability) stated the mere presence of impairment did not alone justify a 
finding of unfitness because of physical disability.  In each case, it was necessary to 
compare the nature and degree of the physical disability with the requirements of the 
Soldier's duties, as required by his or her office, rank, grade or rating.

6.  By law (Title 38 USC, sections 1110 and 1131), the VA may award compensation for 
disabilities which were incurred in or aggravated by active military service.  However, an 
award of a higher 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.  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 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 also considered the review and findings of the medical advisor.  Based upon 
a preponderance of the evidence, and the recommendation of the advisory official, the 
Board agreed there were no in-service treatment notes for any medical or behavioral 
health conditions for review.  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 
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) 635-200 (Personnel Separations – Enlisted Personnel), in 
effect at the time, set forth the basic authority for the separation of enlisted personnel.  
Paragraph 3-7a stated that an honorable discharge was separation with honor.  
Issuance of an honorable discharge certificate was appropriate when the quality of the 
Soldier's service generally met the standards of acceptable conduct and performance of 
duty, or was otherwise so meritorious that any other characterization would clearly be 
inappropriate.  Where there had been infractions of discipline, the extent thereof was to 
be considered, as well as the seriousness of the offense.  

3.  AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at 
the time, established the Army Disability Evaluation System (DES), and implemented 
chapter 61 (Retirement or Separation for Physical Disability), Title 10, U.S. Code.  It set 
forth policies, responsibilities, and procedures that governed the evaluation for physical 
fitness of Soldiers who may be unfit to perform their military duties because of physical 
disability.  Paragraph 3-1 (Standards of Unfitness Because of Physical Disability) stated 
the mere presence of impairment did not alone justify a finding of unfitness because of 
physical disability.  In each case, it was necessary to compare the nature and degree of 
the physical disability with the requirements of the Soldier's duties, as required by his or 
her office, rank, grade or rating.

4.  AR 40-501 (Standards of Medical Fitness), in effect at the time,

	a.  Chapter 3 (Medical Fitness Standards for Retention and Separation, including 
Retirement).  Paragraph 3-3 (Policies) stated Soldiers with conditions listed in chapter 3 
were to be referred for evaluation by a medical evaluation board (MEB) and 
subsequently referred to a physical evaluation board (PEB) if found to fail medical 
retention standards.  

	b.  Chapter 7 (Physical Profiling), prescribed the system of classifying Soldiers 
according to functional abilities.  The physical profile system derived using six body 
systems:  "P" = physical capacity or stamina; "U" = upper extremities; "L" = lower 
extremities; "H" = hearing; "E" = eyes; and "S" = psychiatric (abbreviated as PULHES).  
Each body system has a numerical designation:  "1" means a high level of fitness, "2" 
equates to some limitations, and "3" reflects significant limitations.  Physical profile 
ratings can be either permanent or temporary.

5.  AR 40-3 (Medical, Dental, and Veterinary Care), in effect at the time, implemented 
DOD and statutory policies regarding medical care entitlements.  

	a.  Paragraph 2-5 (Sick Call) states Soldiers who, after examination, were 
determined to be medically unsuitable for duty were admitted to a medical treatment 
facility or confined to quarters.

	b.  Chapter 7 (MEB), stated MEBs were convened to document a Soldier's medical 
status and duty limitations.  Patients returned to duty without any permanent revision to 
their physical profile were not typically evaluated by an MEB.  Members scheduled for 
separation under the provisions of AR 635-200 could be referred to an MEB when it 
appeared a mental illness, medical condition, or physical defect was the direct cause of 
their unfitness or unsuitability.

6.  Title 38 (Veterans' Benefits), U.S. Code, sections 1110 (Wartime Disability 
Compensation – Basic Entitlement) and 1131 (Peacetime Disability Compensation – 
Basic Entitlement) permit the VA to award compensation for disabilities which were 
incurred in or aggravated by active military service; as noted above, the Army's disability 
system operates under Title 10, U.S. Code for its disability determinations.

	a.  The Army rates only conditions determined to be physically unfitting and which 
disqualify the Soldier from further military service.  The Army disability rating is intended 
to compensate the individual for the loss of a military career.  

	b.  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.  

	c.  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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20160018954


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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