ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 August 2019 DOCKET NUMBER: AR20190003484 APPLICANT REQUESTS: change his discharge to a medical discharge. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * Department of Veterans Affairs (VA) Decision * Notice of Disagreement to VA * self-authored letter to VA * letter from National Personnel Records Center (NPRC) * appointment of Veterans Service Representative * Application for Disability Compensation * Narrative Summary * Enlistment Contract * DA Form 2-1 (Personnel Qualification Record) * Medical Documents * DD Form 214 (Report of Separation from Active Duty) * self-authored letter to VA * letters of support * Statement in Support of Claim 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 he was given an honorable discharge when it should have been a medical discharge. The doctor stated his condition was preexisting and it was not. 3. The applicant in a self-authored letter states: * he's writing in hopes someone can step up and help him * he's been getting the run around from the United States Army since his discharge on 4 November 1974 * he enlisted for active duty on 31 July 1974 * he passed his physical and was sent to Fort Polk, Louisiana * during basic training, his right knee started giving him trouble * he was offered an honorable discharge for chondromalacia of the knee * he's lived with knee problems for many years and decided to find out why he never received disability for his injury * he received his medical records from NPRC * they stated his injury was an old football injury * that was a false statement that was added to his records * he was unaware of the statement * if he had an old football injury, how could he have passed his entrance physical * he's filed for a review of the discharge on 27 September 2017 with the Viera VA * he has had no response * he was seeing the Viera outpatient clinic for his back and right knee * after an MRI was done on his back, the Orlando VA doctor saw no reason for surgery * a couple weeks after, he was rushed to the hospital for emergency back surgery * he's been undergoing treatment for high blood pressure * he received a letter from the Orlando VA to schedule an appointment with their cardiologist * the VA could not find his appointment * he was rushed to the local hospital and admitted for a heart attack * there were two arteries blocked * the VA missed it * now he owes the VA $2,228 which will be attached to his Social Security Disability * at no time did anybody tell him there was a copay or requested a copay at the time of services * that's another slap in the face from the VA * he has not been able to live on what Social Security pays him * he guesses he should find a street corner to live on * he thanks the VA and Government for putting refugees before veterans 4. The applicant provides the following documents for the Board's consideration: * the VA's decision regarding his entitlements to VA benefits; his request for service connected disability for his right knee was denied * a self-authored Notice of Disagreement to the VA, the specific issue of disagreement was his right knee chondromalacia not being service connected * a letter from NPRC regarding the information the applicant requested * Appointment of Veterans Service Organization as Claimant's Representative where the applicant requests assistance with his VA claim * the applicant's application for disability compensation * a narrative summary from his Medical Evaluation Board wherein it states the applicant originally injured his right knee while playing football * the applicant's enlistment contract showing he enlisted on 31 July 1974 * his DA Form 2-1 which shows his rank and assignment history * his DD Form 214 which shows he was honorably discharged from the Army on 4 November 1974 after completing 3 months and 4 days of active duty * his discharge physical which shows he has Advanced Chondromalacia in his right knee * a Statement in Support of his Claim with the VA with letters of support 5. The applicant also provides a self-authored letter to his VA Claims Examiner which states in part: * the VA denied his claim stating it was a preexisting condition * if that was the case, how did he pass his entrance physical * he was not told it was considered preexisting when he was discharged * he was told it would not be considered medical since he could not complete basic training * he is requesting proof on how the injury is considered preexisting * he would provide letters from family and friends that he had no issues until he was discharged * he's looking forward to receiving the proof from the VA so he can decide what further action to take 6. The applicant provides a letter he wrote to the VA which states, in part: * this is his second request for the findings of the VA's clinical records regarding the injury being preexisting and related to football from 6 years prior * this is a false statement which he never made * this statement would have put him in grammar school * if he had this problem before joining the Army, how did he pass his entrance physical * he is asking for proof of the statement and why it was never told to him at the time of discharge * he asks his case to be reviewed and explained to him 7. The applicant includes two letters of support he received to support his VA claim, they state in part: * the author of the letter is the applicant's sister * she is writing the letter to confirm and testify that, to the best of her knowledge, the applicant had no injuries to his right knee when he returned home after his early discharge * the author of the second letter is also the applicant's sister * to the best of her knowledge, the applicant had no injuries to his right knee prior to entering the military * the first occurrence of an injury was upon his early discharge due to a knee injury 8. The applicant's service records contain an SF Form 93 (Report of Medical History) which the applicant completed for his entrance physical for the Army. Question 18 of the form states "Have you had, or have you been advised to have, any operations?" The applicant responded "yes". In the remarks section he states, "Injury to knee in football to remove cartilages." The doctor also commented on the knee injury in block 25, though the comment is illegible. 9. The applicant's service records also contain an SF Form 88 (Report of Medical Examination) which was completed by the doctor for the applicant's entrance physical. The doctor did not comment on the applicant's knee injury; however, he did mark him as not qualified for the Regular Army in block 77. 10. The applicant requested discharge from the military service by reason of erroneous enlistment on 10 October 1974. The justification was that he did not meet enlistment standards at the time of his enlistment. 11. A Medical Board was conducted for the applicant on 18 October 1974. The Board found the applicant had Advanced Chondromalacia of the right knee and found he was medically fit for further military service but recommended he be returned to duty for separation from the Army per AR 635-200 (Personnel Separations - Enlisted Personnel). 12. The applicant’s DD Form 214 shows the applicant was honorably discharged on 4 November 1974 per AR 601-210 (Basic Qualifications for Enlistment in the Regular Army) Table 2-7, Medical. 13. Department of the Army message, dated 011510Z August 1973, provided the standards and criteria for the evaluation and discharge of enlistees before 180 active duty days. It was designed to enable commanders to expeditiously discharge the individual who lacked the necessary motivation, discipline, ability, or aptitude to become a productive Soldier when the individual was in basic training or MOS training or would have completed no more than 179 days of active duty by the date of discharge, whichever occurred earlier and had demonstrated that he was not qualified for retention for not meeting the minimum standards prescribed for successful completion of training because of a lack of ability and did not meet the physical standards for enlistment. 14. See REFERENCES below for applicable regulations and policy to this case. 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, the length of his service, the results of his entrance physical and Medical Board (fit for further service), his statement of claim to the VA and the VA decision, his request for discharge by reason of erroneous induction/enlistment with justification, the reason for his separation and the character of service he received. The Board found insufficient evidence that the applicant failed to meet medical retention standards and that he was separated at his request. The Board determined, based on a preponderance of evidence, that the applicant’s reason for separation 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 : 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, 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. Department of the Army message, dated 011510Z August 1973, provided the standards and criteria for the evaluation and discharge of enlistees before 180 active duty days. The Trainee Discharge Program was implemented effective 1 September 1973 pending the revision of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). It was designed to enable commanders to expeditiously discharge the individual who lacked the necessary motivation, discipline, ability, or aptitude to become a productive Soldier when the individual: a. Voluntarily enlisted in the Regular Army, the Army National Guard or the U.S. Army Reserve. b. Was in basic training, MOS training, or advanced individual training; in a service school; in units or on-job-training prior to the award of an MOS; or would have completed no more than 179 days of active duty by the date of discharge, whichever occurred earlier. c. Had demonstrated that he or she was not qualified for retention for one or more of the following reasons. The individual: (1) Could not or would not adapt socially or emotionally to military life; (2) Could not meet the minimum standards prescribed for successful completion of training because of a lack of aptitude, ability, or motivation; and (3) Did not meet the moral, mental, or physical standards for enlistment including disqualifying drug use in accordance with Army Regulation 601-210 (Active and Reserve Components Enlistment Program). 3. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. Paragraph 2-1 provides that the mere presence of impairment does not of itself justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the member reasonably may be expected to perform because of his or her office, rank, grade, or rating. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before he or she can be medically retired or separated. 4. Army Regulation 40-501 governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement. Chapter 3 gives the various medical conditions and physical defects which may render a Soldier unfit for further military service and which fall below the standards required for the individual in paragraph 3-2, below. These medical conditions and physical defects, individually or in combination: a. Significantly limit or interfere with the Soldier's performance of duties. b. May compromise or aggravate the Soldier's health or well-being if the Soldier remains in the military; this may involve dependence on certain medications, appliances, severe dietary restrictions, frequent special treatment, or a requirement for frequent clinical monitoring. c. May compromise the health or well-being of other Soldiers. d. May prejudice the best interests of the government if the individuals were to remain in the military service. ABCMR Record of Proceedings (cont) AR20190003484 3