IN THE CASE OF: BOARD DATE: 16 November 2020 DOCKET NUMBER: AR20180006598 APPLICANT REQUESTS: * upgrade of his uncharacterized discharge to an honorable discharge * change his narrative reason for separation from failure to meet procurement fitness standards to medical APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) * Genetic Home Reference FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), 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 graduated from basic combat training (BCT) without symptoms of the Wolff-Parkinson-White Syndrome. It was not until February 2005 that the symptoms manifested. According to the attached study from the U.S. National Library of Medicine, not all cases of the Wolff-Parkinson-White Syndrome manifest based on the syndrome itself, but rather a secondary heart condition. He believes he should have been granted a Medical Evaluation Board (MEB) to determine if his service in the Army may have created that secondary condition before discharge proceedings were presented to him as records reflect (he was despondent about leaving the Army and he felt intimidated to just go along with the process). He understands why discharge was the only option the Army had; however, he is concerned he was not provided sufficient medical care and treatment before the discharge. An MEB may have determined a secondary cause as to why the condition did not manifest until after he had completed BCT. He does not wish to be a burden to the Army and therefore requests an upgrade of his discharge to honorable with a narrative reason of medical. 3. The applicant provided a Genetic Home Reference pertaining to the Wolff- Parkinson-White Syndrome, a condition characterized by abnormal electrical pathways in the heart that cause a disruption of the heart's normal rhythm (arrhythmia). 4. Review of the applicant’s service records show: a. On 29 June 2004, he underwent a medical examination and was determined qualified for enlistment. b. He enlisted in the Regular Army on 23 September 2004, for 4 years. c. A DA Form 4707 (Entrance Physical Standards Board Proceedings), dated 17 February 2005, stated: * he had pre-existing Wolff-Parkinson-White Syndrome which did not meet medical retention standards in accordance with Army Regulation (AR) 40-501 (Standards of Medical Fitness), chapter 2-18c(3), for cardiac conduction disorders * his condition was diagnosed and referred for administrative action following a Cardiology evaluation * his condition currently effected his ability to complete advanced individual training, but was likely correctable and did not exceed retention standards at that time * there were no permanent profile required at that time d. On 24 February 2005, he concurred with the proceedings and requested discharge from the Army without delay. e. On 10 March 2005, he received counseling for a command directed administrative separation under the provisions of AR 635-200 (Active Duty Enlisted Administrative Separations) due to Wolff-Parkinson-White Syndrome. f. On 22 March 2005, the applicant's immediate commander notified the applicant of his intent to initiate separation action against the applicant for failure to meet medical retention standards upon enlistment. The commander stated the reasons for his proposed action was the applicant had the pre-existing condition of Wolff-Parkinson White Syndrome and did not meet the entrance standards of AR 40-501, paragraph 2-23.(d) upon enlistment. He recommended the applicant receive an uncharacterized discharge and advised him of his rights. g. On 22 March 2005, he acknowledged receipt of the proposed separation action and requested to be voluntarily separated under paragraph 5-11. He also affirmed understanding the company commander recommended his service be uncharacterized. He waived his rights and elected not to submit a statement in his own behalf. h. On 22 March 2005, the applicant’s immediate commander recommended the applicant’s discharge. i. In March 2005, the separation authority approved the applicant's discharge and directed he receive an entry-level separation (uncharacterized). j. He was discharged accordingly from active duty on 25 March 2005, for failure to meet procurement medical fitness standards. His service was uncharacterized. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 5 months and 28 days of active service and he was not awarded/authorized any awards. k. On 3 November 2016, the Army Discharge Review Board (ADRB) determined he was properly and equitably discharged and denied his petition for a change in the character and/or reason of his discharge. The ADRB also advised he could reapply to the ADRB for a personal appearance hearing and/or he could apply to the ABCMR. 5. The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this case. Documentation reviewed included the applicant’s ABCMR application and accompanying documentation, the applicant’s previous ABCMR denial, the military electronic medical record (AHLTA), the VA electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the Medical Electronic Data Care History and Readiness Tracking (MEDCHART) application, and the Interactive Personnel Electronic Records Management System (iPERMS). The ARBA Medical Advisor made the following findings and recommendations: a. The applicant is applying to the ABCMR in essence requesting a referral to the Disability Evaluation System (DES) and an upgrade of his 25 March 2005 uncharacterized discharge. He states: “I graduated Basic Military Training without symptoms of Wolff-Parkinson-White Syndrome. It was not until February 2005 that symptoms manifested. According to the attached study from the US National Library of Medicine, not all cases of Wolf-Parkinson-White syndrome manifest based on the syndrome itself, but rather a secondary heart condition. I believe I should have been granted an MEB to determine if my service in the Army may have created that secondary condition before discharge.” b. The Record of Proceedings outlines the applicant’s military service and the circumstances of the case. The applicant’s DD 214 shows he entered the regular Army on 28 September 2004 and was discharged on 25 March 2005 under provisions provided in paragraph 15-11 of AR 635-200, Active Duty Enlisted Administrative Separations (19 December 2003), “Separation of personnel who did not meet procurement medical fitness standards.” c. As correctly noted in the applicant’s reference: People with Wolff-Parkinson- White (WPW) syndrome are born with an extra connection in the heart, called an accessory pathway, that allows electrical signals to bypass the atrioventricular node and move from the atria to the ventricles faster than usual. The accessory pathway may also transmit electrical impulses abnormally from the ventricles back to the atria. This extra connection can disrupt the coordinated movement of electrical signals through the heart, leading to an abnormally fast heartbeat (tachycardia) and other changes in heart rhythm. Resulting symptoms include dizziness, a sensation of fluttering or pounding in the chest (palpitations), shortness of breath, and fainting (syncope). In rare cases, arrhythmias associated with Wolff-Parkinson-White syndrome can lead to cardiac arrest and sudden death. d. His pre-entrance Report of Physical Examination completed in February 2004 show he had no significant medical conditions. e. In an email to Dr. U, CPT C, an Army nurse who was the Brook Army Medical Center’s {BAMC} Post Hospitalization Coordinator: “I am seeing a 91W {combat medic} trainee at CBHS named PVT {Applicant}. He was admitted to Wilford Hall a few weeks ago for suicidal thoughts but incidentally he while at the BAMC ER he was found to have Wolfe Parkinson White Syndrome. This issue is being addressed by BAMC cardiology and his mental health issues - Adjustment Disorder, is being addressed at CBHS. It is my understanding that WPW is a congenital disorder and therefore would have existed prior to coming into the service. Would it be acceptable to process a chapter 5-17 on him instead of going through a medical board?” f. Dr. U. replied: He is eligible for an Entrance Physical Standards Board (EPSB, chapter) if under six months in service and he still meets retention standards not requiring a MEB. WPW is not specifically mentioned as a retention standard but is listed as not meeting entrance standards so my take would be yes. It also sounds like his psychological condition is not so severe as to require a MEB either. g. Four March 2005 encounters in AHLTA show he was being seen individually and in group for adjustment disorder. He was on one antidepressant medication and being released without limitations. There are no other encounters in AHLTA. Supporting documentation includes his echocardiogram performed 22 January 2005. The study was normal. The mild tricuspid regurgitation seen is a common finding. It does not cause symptoms or have an effect on heart function, and in general, no specific follow up is required. h. The applicant was referred to an entry physical standards boards (EPTSB) IAW paragraph 5-11a of AR 635-40. These boards are convened IAW paragraph 7-12 of AR 40-400, Patient Administration. This process is for enlisted Soldiers who within their first 6 months of active service are found to have a preexisting condition which does not meet the enlistment standard in chapter 2 of AR 40-501, Standards of Medical Fitness, but does meet the chapter 3 retention standard of the same regulation. The fourth criterion for this process is that the preexisting condition was not permanently service aggravated. i. The EPSBD findings are dated 17 February 200: The Soldier has pre-existing Wolf-Parkinson-White syndrome which does not meet medical entrance standards IAW AR 40-501, 2-18c(3) for cardiac conduction disorders. His condition was diagnosed and referred for administrative action following Cardiology evaluation. His condition currently effects his ability to complete AIT but is likely correctable and does not exceed retention standards at this time. j. There is no comparable chapter 3 retention standard reference is paragraph 3 for this condition. However, the most common arrhythmia associated with WPW is paroxysmal supraventricular tachycardia. According to paragraph 3-21b or AR 40-50a, supraventricular tachyarrhythmias fail medical retention standards “when life threatening or symptomatic enough to interfere with performance of duty and when not adequately controlled. This includes atrial fibrillation, atrial flutter, paroxysmal supraventricular tachycardia, and others.” k. The EPSBD recommended the applicant be discharged IAW paragraph 5-11 of AR 635-200. The applicant concurred with this recommendation on 10 March 2005, selecting the check box “I concur with these proceedings and request to be discharged from the US Army without delay.” 6. By AR 635-200, Soldiers who were not medically qualified under procurement 6edical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entrance on active duty, active duty for training, or initial entry training will be separated. His discharge characterization and narrative reason for separation were administratively correct and in conformance with applicable regulations at the time of his discharge since he was in an entry-level status for failing to meet procurement medical fitness standards when he was released from active duty in 2005. 7. An uncharacterized period of service is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated. BOARD DISCUSSION: After review of the application and all evidence, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined there is insufficient evidence to grant relief. The governing regulation provides that a separation will be described as uncharacterized, if the separation action is initiated within the first 180 days of active duty service. As such, his DD Form 214 properly shows his service as uncharacterized. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :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 (USC), 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 (AR) 635-200 (Active Duty Enlisted Administrative Separations), in effect at the time, set forth the basic authority for the separation of enlisted personnel. The regulation stated in: a. Paragraph 3-7a – 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 acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would be clearly inappropriate. b. Paragraph 3-7b – a general discharge was a separation from the Army under honorable conditions. When authorized, it was issued to a member whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Paragraph 5-11 – Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under those standards prior to entrance on active duty, active duty for training, or initial entry training would be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by the appropriate medical authority within 6 months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry in the military service had it been detected at that time, and that the medical condition did not disqualify the Soldier from retention in the service under the provisions of AR 40-501 (Standards of Medical Fitness), chapter 3. d. The characterization of service for Soldiers separated under that provision would normally be honorable, but would be uncharacterized if the Soldier was in an entry-level status. Entry-level status was defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days. 3. AR 40-501, in effect at the time, governed medical fitness standards for enlistment, induction, appointment, retention, and separation (including retirement). 4. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, prescribed policy and implements the requirements of chapter 61 (Retirement or Separation for Physical Disability) of Title 10, USC. The regulation stated the mere presence of a medical impairment did not in and of itself justify a finding of unfitness. 5. 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) AR20180006598 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1