IN THE CASE OF: BOARD DATE: 27 March 2020 DOCKET NUMBER: AR20160019290 APPLICANT REQUESTS: amendment of item 27 (Remarks) of his DD Form 214 (Report of Separation from Active Duty) to show his reason for separation as “Discharge for Disability” instead of “Not Meeting Medical Fitness Standards.” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * personal statement * DD Form 214 * Department of Veterans Affairs (VA) Rating Decision (1st page) and letter 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 he is submitting a VA Rating Decision and letter from the VA showing he is receiving benefits for a service-connected disability. He decided to apply for benefits after being separated from his job as a park ranger due to Hypertension that resulted in him being unable to perform the requirements of the job. If additional information is required, he is willing to provide. 3. The applicant provided his: * DD Form 214, for the period from 8 July to 19 August 1975 * VA Rating Decision (1st page), dated 25 May 2016, wherein the VA awarded him a 10 percent (%) service-connected rating for Hypertension, effective 28 December 2015 * letter, dated 3 September 2016, wherein the VA certified his receipt of a 10% service-connected compensation 4. Review of the applicant’s service records show: a. He enlisted in the U.S. Army Reserve on 24 March 1975. He was ordered to active duty for training (ADT) and entered on 8 July 1975. b. A DA Form 3349 (Medical Condition – Physical Profile Record), dated 25 July 1975, stated he was medically qualified for high blood pressure, with no assignment to isolated areas where definitive medical care was not available. He was: * counselled by a Physical Evaluation Board Liaison Officer and elected to waive his right to be separated under the provisions of paragraph 5-9, Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) * informed he could not medically complete training requirements and a medical board separation for that action would he held at another time and date c. A Standard Form 502 (Clinical Record – Narrative Summary), dated 12 August 1975, stated: * he was admitted to the hospital on 12 August 1975 * his family history revealed his mother had high blood pressure * he was admitted for medical board processing * he was not physically qualified for enlistment or induction in military service under the provisions of paragraph 2-19b, AR 40-501 (Standards of Medical Fitness) because of Hypertension * he was therefore, presented to a Medical Evaluation Board (MEB) for evaluation and disposition under the provisions of paragraph 5-9, AR 635-200 * he was diagnosed with Hypertension, existed prior to service (EPTS) d. An MEB convened on 12 August 1975 and determined he was medically fit for Hypertension. The MEB recommended his separation from the service for an EPTS (existed prior to service) condition, under the provisions of AR 635-200, paragraph 5-9. The MEB was approved on the same date. e. He was honorably discharged accordingly from active duty on 19 August 1975. His DD Form 214 shows he completed 1 month and 12 days of net active service. This form also shows in: * Item 9c (Reason and Authority) – see Item 27 * Item 27 – Item 9c – Not Meeting Medical Fitness Standards 5. The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant’s medical records in the Armed Forces Health Longitudinal Technology Application (AHLTA) and Joint Legacy Viewer (JLV) and made the following findings and recommendations: The applicant, a 09B00 Trainee, is requesting a change in reason for discharge from Not Meeting Medical Fitness Standards to Discharged For a Disability. He contends he is receiving benefits from the VA for a service connected disability. No records were found for treatment while in service. Therefore there is insufficient evidence of a medical disability or condition which would support a change or reason for the discharge in this case. As such, referral to the Army DES for consideration of medical disability is not indicated at this time. 6. By regulations: a. AR 635-200, a Soldier may be discharged from the Army when a medical board established that a medical condition was identified by appropriate military medical authority within 4 months of the member's initial entrance on active duty or active duty for training that would have permanently disqualified him/her for entry into the military service had it been detected at that time and did not disqualify him/her for retention in the military service under the provisions of chapter 3, AR 40-501. 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 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. An award of a rating by another agency does not establish error in the rating assigned by the Army's disability system. . 7. By law, the VA is not required 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. Consequently, due to the two concepts involved, an individual’s medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant’s statement, his record and length of service, the nature of his condition, the evaluation by the Medical Evaluation Board, the conclusion that his condition existing prior to service and the reason for his separation. The Board considered the review by the medical advising official and agreed with the stated conclusion. The Board found insufficient evidence of the applicant completing required training or being awarded an MOS; he was in an initial entry-status at the time of separation. Based on a preponderance of evidence, the Board determined that the reason for separation the applicant received upon discharge was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX 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) 635-200 (Personnel Separations – Enlisted Separations), in effect at the time, set forth the basic authority for the separation of enlisted personnel. The regulation stated in: a. Paragraph 5-9 – individuals who were not medically qualified under procurement medical fitness standards when accepted for induction or initial enlistment would be discharged when a medical board, regardless of the date completed, established that a medical condition was identified by appropriate military medical authority within 4 months of the member's initial entrance on active duty or active duty for training under the Reserve Enlistment Program of 1963 which— * would have permanently disqualified him/her for entry into the military service had it been detected at that time; and * did not disqualify him/her for retention in the military service under the provisions of chapter 3, AR 40-501 (Standards of Medical Fitness) * as an exception, an individual who was found to meet the requirements of permanent disqualification, but who elected to complete the period of service for which inducted or enlisted, would not be discharged under this paragraph. Such member would be required to sign a statement electing to complete his period of service, notwithstanding his eligibility for discharge under this paragraph * members who do not meet the medical fitness standards for retention would be processed under the provisions of AR 635-40 Physical Evaluation for Retention, Retirement, or Separation 3. AR 635-40 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, 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. Consequently, due to the two concepts involved, an individual’s medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160019290 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1