ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 February 2020 DOCKET NUMBER: AR20170009181 APPLICANT REQUESTS: full compensation for being placed in harm's way while being unfit for duty. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * health progress notes and extract of Department of Veterans Affairs (VA) forms * letter from physician and letter form VA * self-authored letter to Director of the Army Board for Correction of Military Records (ABCMR) * excerpts of ABCMR case AR2015008148 with self-authored notes * Application for Disability Compensation and Related Compensation * Statement in Support of Claim for Service Connection Post-Traumatic Stress Disorder (PTSD); second statement for PTSD; AND Excerpt Review of PTSD * two self-authored notes * Review of PTSD Questionnaire * Neurology records * Appointment of Veterans Service Organization as Claimants Representative * map of South Vietnam * in-patient record, back page of Medical Examination, sleep records and list of medication * letter from doctor and letters from care giver * self-authored letter to VA, to the ABCMR, and self-authored letter regarding DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records 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: a. He was classified as 4F which is unfit to serve in any branch of the armed services. Despite teeth and gum issues and being 5 feet 8 inches tall and weighing 111 pounds, which was underweight, he was wrongfully place in the Army at Fort Hood, TX. His records support all of what he claims with one exception. He was also at a contaminated base upon entry at Fort Hood and other contaminated bases. His records have been unrecorded as he was in Vietnam with another Soldier. According to all of his records, he had extreme dental issues and was 5 feet 8 inches tall weighing 111 pounds and classified as 4F which is unfit to serve. He has been treated in the VA facility since entry in January 1961. He requests full compensation for being placed in harm's way with an unfit classification, for being placed in unhealthy dangerous environments that caused him and his offspring major health issues such as death, disease and afflictions. b. He questions why he is the only family member with all these cancers and other issues caused by the military environment. He is at a complete loss for the way the VA centers hospitals he's been treated in placed a 4F classification to serve in any branch of the armed services. When he told people he was 4F, including his parent, thought it was a joke that he was serving as no one was to be admitted with 4F classification. Hurtfully and with much pain, he's been denied his VA disability benefits because of Army hospitals, doctors negligence in corrective entries on his behalf. He supposes they felt he was never to be honored or treated fairly as his records show 4F classification, unfit. He has been treated as such and his offspring suffer because of the violation to him in 1961. 3. The applicant's service records contain the following documents for the Board's consideration: a. A Report of Medical History, dated 13 December 1960, which shows: * in item 17 (Statement of Examinees Present Heath in Own Words) "I am in good health" * in part 20 the applicant checked "no" for all areas regarding Have you ever Had or Have you Now * in part 40 (Physician's Summary and Elaboration of All Pertinent Data) the physician wrote "underweight P4(T) b. A Report of Medical Examination, dated 13 December 1960, which shows: * in clinical Evaluation no remarks are listed * in "Remarks and Additional Dental Defects" the word "Acceptable" * in item 74 (Summary of Defects and Diagnosis) "underweight P4(T)" is lined through * in item 75 (Recommendation) "reevaluate when within minimum limits" is lined through * in item 76 (Physical Profile) the "P" has a "1" with a "4" crossed through * in item 77a (Examine) there is an "X" before "qualified for General Military Service" with the "X" for is not qualified crossed out * it item 77b(Physical Category) block A has an X in it and block E has an X that is crossed out c. Dental Health Records that show the dental treatment the applicant had while on Active Duty. d. An in-patient record, which shows: * the applicant was in the hospital from 22 March through 23 March 1963 * the applicant was on field duty when he got very cold * he developed severe dyspones [sic] * the assumption the attack was bronchial asthma and he was given medication * the applicant improved immediately * the impression was there was a large amount of hysteria overlay e. A DD Form 735 (Health Record - Abstract of Service) which shows where the applicant was seen for medical care. f. A Report of Medical History, dated 6 November 1963, which shows the purpose of the examination was for separation. He said he had the following disorders now or in the past mumps and whooping cough, severe tooth or gum trouble, he wore glasses, bone, joint, or other deformity, painful or "trick" shoulder or elbow, and foot trouble. The physician's summary was "no change in physical status while on active duty" g. A Report of Medical Examination, dated 6 November 1963, which shows the physician marked all areas normal in Clinical Evaluation. He wrote acceptable in remarks for additional dental defects and diseases; the applicant's weight was 140 pounds; the applicant was qualified for separation; the applicants physical profile was all ones, and the applicant's physical category was A. h. A DA Form 24 (Service Record), which shows in Section 4 (Chronological Record of Military Service) the duty stations where the applicant served. The section is void of an entry indicating the applicant served in Vietnam. In section 5 (Service Outside the Continental United States) the locations the applicant served in other countries. The section is void of an entry indicating the applicant served in Vietnam. i. A DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 20 November 1963, which shows: * his physical condition on 13 December 1963 was such that he was considered physically qualified for separation or for reenlistment without reexamination * he had to reenlist within 180 days and state he had not acquired new diseases or injuries during the interval period * his physical profile was all 1s * in "Physical Status" under the section "Statements of Physical and Dependent Status at time of Enlistment" the applicant indicated there had been no change in his physical condition since he was separated from the service * that section of the form was signed on 24 March 1964 j. A DD form 214, showing: the applicant entered active duty on 3 January 1961. He was not inducted into the military. He was transferred to the US Army Reserve and was honorably released on 13 December 1963. The reason and authority for his release was Expiration Term of Service (ETS). He had served in US Army Europe during the period of service. k. A DA Form 20 (Enlisted Qualification Record), which shows the applicant served in Germany from August 1961 through August 1963. He served in Greenland from 26 April 1965 through 8 September 1965 and 11 April 1966 through 24 August 1966. This form is void of an entry for service in Vietnam. l. A DA Form 1811, dated 1 March 1967, which shows his physical condition on 1 March 1967 was such that he was considered physically qualified for separation or for reenlistment without reexamination. He had to reenlist within 180 days and state he had not acquired new diseases or injuries during the interval period. His physical profile was all 1. m. A Health Questionnaire completed by the applicant at the age of 21 wherein the applicant answers no to all the questions concerning his health. n. A DD Form 214, showing the applicant entered active duty on 2 March 1964; he was not inducted into the military. He was honorably released on 1 March 1967 by reason of Expiration Term of Service (ETS. He had served in Greenland during the period of service o. A DD Form 215 (Correction to DD Form 214), dated 27 April 2016 adding awards to his DD Form 214 for the period ending 1 March 1967. 4. The applicant's service records are void of documentation showing he served in Vietnam; documentation showing he was injured in combat; documentation showing he was in a hospital in Saigon; or documentation showing he received a VA disability rating. 5. The applicant provides the following documents for the Board's consideration: a. Doctor's progress notes, dated 9 July 2014, with self-authored notes, which shows: * surgical procedures knee surgery and multiple colon surgeries with a self- authored note "lower back surgery" * throat oropharyngeal crowing with a self-authored note "very serious pain in neck" * no visual changes or eye pain with self-authored note "eye pain in both eyes - preparing for cataract surgery" * no hearing loss or ear pain with self-authored note "hearing loss in left ear" * no pain or stiffness, no back/neck or join swelling with self-authored note "pain, stiffness in lower back, neck, left shoulder, hip and knee" * no headaches, numbness tingling or dizziness with self-authored note "migraines/seizures" * self-authored notes "stomach/colon cancer" and "lower back surgery" b. Page 3 of a VA document which shows: * "Does veteran have retrograde ejaculation?" "No ejaculations and erectile issues since prostate cancer 1996" * he may have had transurethral resection of the prostate followed by external beam radiation therapy * left scrotal pain placed on antibiotic therapy - circumcised on 30 July 2014 * 71 years of age - has aid attendant * the form is signed by a physician on 15 September 2014 c. A letter from the applicant's physician signed in 2014, which states: * the applicant is his patient * the applicant has a caregiver who provides extensive care for the applicant * the duties include assistance with bathing and dressing, food preparation, washing clothes, cleaning and transportation * the applicant should continue the services of the care giver * the applicant places a self-authored note on the letter "his wife is the total caregiver, the caregiver that was hired stopped after he realized the applicant was not completely processed for service rendered and they still owe him money" d. A letter from the VA dated 16 October 2014, which states: * they thank him for the letter where he expressed concerns regarding his request for information from the facility on the treatment received * they reviewed his medical record and noted they provided care from 2002 to 2007 * the applicant was seen by various specialty providers from mental health, diagnostic radiology, gastroenterology, primary care, physical therapy, neurology, surgery, optometry, oncology, chemotherapy, and cardiology * he had some inpatient admissions in September 2003 and March 2004 for bowel cancer * they did not have information regarding his surgery at Walter Reed Hospital for his stomach * he could request copies of his records through the current VA Medical Center where he was being cared for e. Self-authored letter to the Director of ABCMR, dated 1 May 2017, which states: * the applicant solemnly swore before God in whom he trusts, serve, love and obey served, was in the military combat in Vietnam * he was born on 10 July 1943 * he was classified on record as 4F because he was 5 feet 8 inches and weighed 111 pounds * he had eye problems and many treated health issues that the VA facilities treated from his first entry into military service until 6 March 2014 * he had chemo treatment in the Dallas, Texas VA * he was shocked when he was informed his DD Form 214 did not show service in Vietnam * he did serve and was injured in many ways that affected his offspring * his first daughter was stillborn * his second daughter, who died in 2010, had learning issues and major behavioral issues * his third daughter had personality problems and introvert functions * all of his grandkids have serious behavioral problems * he prays they don't reproduce * this was all because of the herbicides he injected on foreign soil * he has over a 50 year history of cancer treatments and other health concerns including colon, stomach, prostate cancer * a doctor from East Moline Illinois saved his life and he suffered short gut syndrome from the removal of most of his intestines * he also has mental issues * he's had lower back surgery and has no hearing on his right side, knee, feet, and shoulder problems * he's anemic and always cold * he suffers from insomnia and PTSD, mood swings, depression, memory issues, anxiety * he's has to use a beside commode * his wife assists him * they had someone helping them but found out the VA denied his claim * they still owe the service over $25,000 * his primary doctor signed for service * his memory is not great and his first ex-wife has a nasty husband * his few living family know and remember his horrible Vietnam experience * he's on US soil but he remains in the shackles of Vietnam * as he has been denied his disability benefits his lifestyle issues, relationship problems, financial struggles, drug and alcohol problems have increased * VA was supplying him medical marijuana until he could not continue using it as it was madness and all the drugs from the VA * he's a first time homeowner and strapped with mortgage and thanks God for his new wife * why was he accepted into the Army because he was underweight * who takes responsibility for that? * why was his life jeopardized, damaged, injured, his offspring messed up because of the Army overriding a 4F classification * is this his fault? Who compensates for that? Who? * he personally believes his entire records of injury in combat, his treatments and surgeries were destroyed intentionally * it's a known undeniable fact of all treatments and surgeries except his first surgery and correct diagnosis of cancer in East Moline Illinois * the VA in Michigan advised him to go to a civilian surgeon for his lower back surgery to have a better chance of survival * where are those records? * there is no other need or reason for filling out more forms * he suggests the Board correct the fact that our Army of the USA took a 4F classified into the military * he served and still records don't show his service to his country in Vietnam, why? * in addition, he never stated he was awarded the Purple Heart * he said he deserved the Purple Heart * the US Army did a disservice to him by bringing him in as a 4F classified unfit to serve because of physical reasons * he feels he and all his living seed upon the earth should be compensated for damages he suffered * for his exposure to harmful chemicals that killed his first born and harmed his children and grandchildren * the Army needs to take full responsibility for overriding the 4F classified status as this is in the records he supposes someone forgot to destroy f. Excerpts of ABCMR Case AR20150008148 with self-authored notes, that say: * in reference to his Report of Medical History dated 13, December 1960 the applicant states "Check your records, entry weight and height 5 feet 8 inches and 111 pounds" * "4F physically unfit to enter into the Armed Forces" * he placed a circle around "Company B, 17th Signal Battalion, Germany" and stated "not acceptable for service in the Armed Forces Medical, dental or other reasons" * he placed a circle around the portion regarding dental treatment and stated "unfit dental" * in reference to his honorable release on 13 December 1963 he stated "extended leave 13 December 1963 returned 2 March 1964" * in reference to his time at Fort Carson, he stated "hospitalized most of the time treated for ulcers and nerves" g. An Application for Disability Compensation and Related Compensation Benefits which lists the disabilities he was claiming, dated 21 April 2014. The applicant made the following statement, in part: * he was drafted into the US Army in January 1961 * he served and was injured in Vietnam * he's been treated in all the VA facilities he listed on the form through 6 March 2014 * he saw a therapist for PTSD and trauma from war * he never knew or kept up with any of the Soldiers * he personally experienced trauma from hand grenade or land mine explosions and they took out 95 percent of his teeth on his entire left side * he's suffered head trauma and cancer * he has fought and continues to fight the VA system to expedite his disability claim * he has flashbacks of his painful experience * he remembers his boot camp training in Fort Hood, Texas then he was home for 30 days * he went to Fort Gordon, Georgia which was a short stay like 6 to 7 weeks * then he went to Germany and France and other cities * he was sick and couldn't breathe * he was diagnosed with asthma and given an inhaler and a shot of something * he was sent back to his unit * he was in Greenland for a time and then he was in Vietnam * he went to Vietnam approximately mid-October 1963 * he was injured a few days after entering into the war zone sometime in October * the guy a couple of steps ahead of him stepped on a landmine and he heard the explosion * he thought a hand grenade had taken his body apart he blacked out * he woke up in a hospital in Saigon * his memory is very poor and he has bad nightmares h. A VA Form Statement in Support of Claim for Service Connection PTSD Secondary to Personal Assault, dated 20 April 2015 which states: * in Vietnam in approximately mid-October 1963 he was injured a few days after being in the war zone * the man ahead of him stepped on a landmine * there was a loud explosion and he blacked out * he thought a hand grenade went off in his mouth because he lost 90 percent of his teeth * he woke up in the Saigon Hospital * his memory is very poor as he still suffers nightmares and sweats from this experience * he had lots of papers and ledgers that were destroyed around 1990 when he was living in Michigan * a double tornado destroyed his house and all contents * according to his military records he should never have been in the Army * the experience he described was the only war setting * he should not have been admitted to serve in the Army * his records show illness before entry and he was underweight and sick before returning to his unit in Germany * a Navy ship too them over to Vietnam * letters have been sent to the Pentagon to correct his records to give him all the medals he earned * on 22 March 1963 he was admitted to the hospital with a diagnosis of dyspnoea [sic] and hysteria * he never had any problems until he joined the Army * on 23 March 1963 he was transported back to his unit in Germany * a few months later they were on a ship to Vietnam * his time there was vague and cloudy and he woke up in a hospital * he woke up not knowing anyone, not feeling, not connected, numb, and didn't understand why he was there * he's had nightmares, depression, anxiety, and stomach, colon and prostate cancer * he takes 30 meds and has increased over the counter drug abuse with unexplained behaviors, bad relationships, and a new marriage i. A VA Form Statement in Support of Claim for Service Connection PTSD, dated 6 August 2014, which states, in part: * while the applicant was in combat there was a loud explosions all around him * he saw blood, body parts, and people dead and alive with missing body parts * he black out from the shock of it * he thought he was dead * when he woke up, he was in a room with people he did not know * his jaws were swollen, his head was twisted, and he had pain all over his body * his knee had something around it and he could not move * he felt claustrophobic * his left shoulder and lower back, left hip, and left knee were in great pain * he remembers having surgery after surgery and pain medication * he lost 85 percent of his teeth and gums with several procedures given * his back gave him many problems * his hearing was in and out at the time * he was in shock and feared for his life * it was his duty to do but he was traumatized and has nightmares, mood swings, eating disorders, and stomach, colon, and prostate cancer from the indecent * the incident is etched in his memory for life * he's been hospitalized and has had many surgeries on his stomach, colon, lower back * he doesn't remember but he cried on preacher's shoulders, priests, bishops and a few select friends and family who have supported him through the Vietnam trauma * he still shakes and has seizures from the thought of being alive * chemicals caused cancers, agent orange caused his emotion distress as well as the stomach and colon caner * he is very moody, severely depress, has seizures, panic attacks, increased use of prescription drugs, over the counter medications, marijuana, alcohol and anything to escape the horror of killing babies and women * he has obsessive behaviors, compulsive overeating or not eating at all * he has to use the bathroom after whatever food enters his mouth within 30 minutes because he has short gut syndrome * he had abusive relationships with women, he doesn't care to be around people that want to talk military * he has nightmare lived daily in his last 52 years of existence * he's had many unexplained behavior changes and memory loss j. A VA Form Review of PTSD Disability Benefits Questionnaire, dated 16 October 2014 showing the applicant has PTSD. k. A self-authored note to the VA, which states, in part: * he/they are praying the therapy will give him some inner peace and acceptance of the traumatic experience of Vietnam * he hopes it will allow him to work on being healed in many damaged areas from agent orange exposure * he feels hopeful to claim it was therapeutic counseling and will add quality to his life l. A VA Form Review of PTSD Disability Benefits Questionnaire, which gives a diagnostic summary, diagnosis, differentiation of symptoms and is signed by a psychiatrist/psychologist without a date. m. A treatment record from a Neurological Clinic, with self-authored notes, dated 5 August 2014, wherein the applicant responds to the summary with notes of injuries/diseases he had. n. A VA Form Appointment of Veterans Service Organization as Claimant's Representative, dated 9 September 2014, wherein the applicant names the Georgia Department of Veterans Service as his representative. o. A Map of South Vietnam showing the applicant's area of service. p. An In-Patient record, from 22 March 1963 through 23 March 1963, which is included in the applicant's service record, with the applicant's statement "I had been ill about around February 1962". q. The back page of his Report of Medical Examination, which is included in the applicant's service record. r. A medical summary from a sleep clinic, dated 14 July 2014, which shows the applicant has sleep apnea. s. A list of the applicant's medication. t. A letter from the applicant's doctor, dated in 2014 stating the applicant has a caregiver and should continue to have the caregiver. u. A self-authored note regarding the caregiver, which states, they paid out of pocket for the caregiver as service was needed. They still need the caregiver and they are barely surviving. The caregiver quit and they owe him $5,600. v. Letters from the caregiver showing the services rendered and the amount of money owed for those services. w. A self-authored letter to the VA, which states in part: * he would like his military records to reflect time served in Vietnam, his injury on active duty, treatment in the Saigon Hospital * he never received the medal for serving and had gone through painful diseased from the agent orange * he underwent too much radiation, chemotherapy which left him tired all the time * he still has shrapnel from explosions in his spine * he's been treated all his life at VA hospitals in different states * he remembers Vietnam with continued nightmares and tremors * he doesn't remember all that happened to him in the hospital in Vietnam or how he could have reenlisted * he tried to get VA disability 50 years ago and was denied * at this time in his life, he requires help to survive and maintain some respect and dignity * he's suffered many losses from Vietnam to include problems with his children's births and learning capabilities * he was legally separated and divorced * he never owned a home * he's had lots of illnesses and discomforts in his life * he married a good friend that he's known since March 1967 * her home was not suitable for him because of the stairs and they are buying their own home * he reapplied for VA disability in 2014 because there were so many thing wrong with him * he asked the VA to look into his records and correct them and give him a 100 percent disability x. A self-authored note to the ABCMR, which states, in part he served his country in Vietnam and he now asks the Board to assist in awarding him over-due compensation denied y. A self-authored note regarding his DD Form 214, which states he was in Vietnam and injured in combat. There is no mention of his Vietnam service on his DD Form 214. z. A DD Form 214 for the period ending 13 December 1963, which is part of the applicant's service record. 6. See applicable references below. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, his entry documents and in-service medical assessments, his units of assignment and the reason for his separation. The Board considered the previous ABCMR review. The Board considered the VA claim documents and questionnaires, requests for disability compensation, self-authored statements listing medical conditions, a letter from a doctor and his caregiver and post-service medical records. The Board found insufficient evidence of an in-service condition that would support disability processing and the Board found no evidence of service in Vietnam. Based on a preponderance of evidence, the Board determined that there was error or injustice that would necessitate a correction to the applicant’s records. 2. After reviewing the application and all supporting documents, the Board found the relief was not warranted. 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. 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. REFERENCES: 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. 2. Army Regulation 40-501 (Standards of Medical Fitness), in effect at the time, governed medical fitness standards for enlistment, retention, and separation, including retirement. It stated: a. Individuals evaluated under the medical fitness standards contained in this regulation will be reported as : (1) Medically Acceptable, Medical examiners will report as "medically acceptable" all individuals who meet the medical fitness standards established for the particular purpose for which examined. No individuals will be accepted on a provisional basis subject to the successful treatment or correction of a disqualifying defect. Acceptable individuals will be given a physical profile. (2) Medically Unacceptable. Medical examiners will report as "medically unacceptable" by reason of medical unfitness all individuals who possess any one or more of the medical conditions or physical defects listed in this regulation as a cause of rejection for the specific purpose for which examined. (3) Examinees found medically unacceptable will not be given a physical profile. Individuals found to be medically unacceptable for military service will not be reported as permanently medically unfit for military service except upon the finding of Headquarters, Department of the Army, or of a medical or physical evaluation board. b. Medical fitness standards cannot be waived by medical examiners or by the examinee. c. Examinees initially reported as medically unacceptable by reason of medical unfitness may request a waiver of the medical fitness standards in accordance with the basic administrative directive governing the personnel action. Upon such request, the designated administrative authority or his designee for the purpose may grant such a waiver in accordance with current directives. d. Diseases of the jaw or associated tissues which are not easily remediable, and will incapacitate the individual or otherwise prevent the satisfactory performance of duty make a Soldier medically unacceptable e. The causes for rejection for appointment, enlistment, and induction in relation to height standards are established by each of the military Services. Standards for the Army are— (1) Men: Height below 60 inches or over 80 inches. (2) Women: Height below 58 inches or over 80 inches. f. The causes for rejection for appointment, enlistment, and induction in relation to weight standards are established by each of the military services. The minimum weight for an enlistee regardless of age was 115 pounds. 3. The Selective Service System found at www.sss.gov/classifications states a 4F code is a registrant not qualified for military service. //NOTHING FOLLOWS//