IN THE CASE OF:  

		BOARD DATE:  13 July 2021

		DOCKET NUMBER:  AR20200000869


APPLICANT REQUESTS:  in effect, a change of his honorable discharge to a medical 
discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	two certificates
*	Standard Form (SF) 93 (Report of Medical History)
*	SF 88 (Report of Medical Examination)
*	SF 512 (Medical Record – Consultation Sheet)
*	Board of Veterans Appeals Decision

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 was discharged for not meeting procurement medical fitness 
standards.  He suffered an injury during peacetime service and was not afforded a 
proper medical diagnosis and treatment for the injury.  He has reviewed his discharge 
and feel it should have been corrected since he was injured prior to his discharge.  He is 
enclosing further documentation with regard to his fitness status at induction for service. 
The forms, dated 8, 9, and 10 July 1979, indicates he passed his physical examination 
and was qualified for service.  X-rays were taken and no discrepancies noted prior to his 
induction, which should show the knee was stable prior to his slip and fall inside the 
barracks at Fort Knox, KY.

3.  The applicant provides his:

	a.  Presidential Sports Award and Ohio State Highway Patrol Academy certificates, 
dated February 1975.

	b.  SF 93, showing he underwent a physical examination on 9 July 1979, for the 
purpose of his enlistment. He indicated on the form he was in good health and he 
underwent corrective knee surgery in 1970, for a football injury.

	c.  SF 88, dated 9 July 1979, showing he was found qualified for service.

	d.  SF 512, stating he underwent an examination on 10 July 1979. The examining 
medical doctor found he had full motion in both knees with no tenderness, swelling, 
infusion, instability, crepitation, or deformity and there was no evidence of an internal 
derangement or instability either knee.

	e.  Board of Veterans Appeals Decision, dated 7 July 1981, stating a military medical 
board in February 1980, recommended him unfit for enlistment because of his right 
knee disability. The diagnosis referred to degenerative arthritis with loose bodies of the 
right knee. His entitlement to service-connection for postoperative residuals of a torn 
right medial meniscus was established and his appeal was allowed.

4.  Review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army, in pay grade E-3, on 6 December 1979, for 
3 years.  On 4 January 1980, he was assigned to the 18th Battalion, 4th Basic Combat 
Training Brigade, U.S. Army Armor Center and Fort Knox.

	b.  His record his void of the complete facts and circumstances surrounding his 
separation, to include a DA Form 4707 (Entrance Physical Standards Board (EPSBD) 
Proceedings).  However, his available records contain the following:

		(1).  Orders Number 21-51, issued by Headquarters, U.S. Army Amor Center and 
Fort Knox on 30 January 1980, announcing his reassignment for separation processing, 
with a reporting date of 1 February 1980.

		(2).  DD Form 214, showing he was honorably discharged from active duty, in 
pay grade E-3, on 1 February 1980, under the provisions of Army Regulation (AR) 635-
200 (Personnel Separations – Enlisted Personnel), paragraph 5-7c (2), by reason of 
failure to meet procurement medical fitness standards.  

5.  By regulations:

	a.  AR 635-200, a Soldier may be discharged from the Army when a medical board 
established that a medical condition that did not disqualify him/her for retention in the 
military service under the provisions of chapter 3, AR 40-501 (Standards of Medical 
Fitness).

	b.  AR 40-501, a Soldier may be discharged from the Army for not meeting retention 
standards in accordance with chapter 3.

6.  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 may compensate the individual for loss of civilian employability.

7.  Title 38, USC, Sections 1110 and 1131, permit the VA to award compensation for 
disabilities which were incurred in or aggravated by active military service. However, an 
award of a VA rating does not establish an error or injustice on the part of the Army.

8.  Title 38, CFR, Part IV is the VA Schedule for Rating Disabilities. The VA awards 
disability ratings to veterans for service-connected conditions, including those conditions 
detected after discharge. As a result, the VA, operating under different policies, may 
award a disability rating where the Army did not find the member to be unfit to perform 
his duties. 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.

9.  MEDICAL REVIEW:

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 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 requesting a change in the separation 
authority on his DD 2214 and, in essence, a referral to the Disability Evaluation System 
(DES).  He claims that he did not have a preexisting injury prior to entrance into the 
Army but rather that he was injured while on active duty:
“Enclosed with this letter is further documentation with regard to my fitness status 
at induction for service.  The forms dated July 8,9 and 10, 1979 indicated that I 
did pass my physical and was qualified for service.  X-rays were taken and no 
discrepancies noted prior to induction.  Which should indicate the knee was 
stable prior to the slip and fall inside the barracks at Fort Knox, Kentucky.”  
    b.  The Record of Proceedings details the applicant’s military service and the 
circumstances of the case.  His DD 214 shows he entered the regular Army on 6 
December 1979 and was honorably discharged on 1 February 1980 under the 
separation authority provided by paragraph 5-7c of AR 635-200, Personnel Separations 
– Enlisted Personnel (1 March 1978): “Separation of personnel who did not meet 
procurement medical fitness standards.”
    c.  Because of the period under review, there are no electronic medical records in 
AHLTA or documents in iPERMS.  
    d.  On his pre-entrance Report of Medical History, the applicant wrote he had 
undergone corrective knee surgery in 1970 for a football injury.  The provider noted that 
in addition the knee surgery, he had also previously sustained a right leg fracture.  The 
Report of Medical Examination states the applicant’s left knee surgery had included a 
meniscectomy.   The applicant was referred to orthopedics for evaluation.
    e.  The surgeon noted three prior orthopedic injuries:
1)	Left knee medial meniscus tear treated with open meniscectomy in 1970

2)	“Minimal fracture” of the right leg treated with two weeks of casting in 1973


3)	A right knee injury incurred while skiing in 1976.  The injury was treated with 
casting.
    f.  The provider’s examination was without significant findings.  While the second 
page of the consult is missing, the applicant’s later induction into the Army indicates the 
surgeon cleared him for duty.  This clearance may have included a medical waiver
    g.  Neither his separation packet nor other documentation addressing his discharge 
were submitted with the application or uploaded into iPERMS.  
    h.  A 1981 Board of Veterans Appeals document provides more information.  The 
applicant had applied for “Entitlement to service connection for residuals of a right knee 
disability.”  The document shows the applicant’s 1976 right knee skiing injury was quite 
significant:
“At the medical facility, the veteran gave a statement for clinical purposes of 
sustaining a right knee injury in 1976, in a skiing accident from which fluid in the 
knee joint was aspirated by the said physician.  The veteran was reported to 
have been temporarily unemployed and off weight bearing for 10 to 12 weeks. 
The physician related casting the right foot and leg at the time due to the 
hemorrhage that the veteran had within the right knee joint.”
    i.  Acute bleeding into the knee accompanied by the inability to bear weight is the 
classic presentation for an anterior cruciate ligament (ACL) tear.  The bleeding often fills 
the joint, and occurs because the blood vessels accompanying the ligament are likewise 
torn at the time of injury.  While this injury is most often associated with residual 
instability, approximately 15% of those injured do not experience instability and often 
return to full activity.  These individuals are often referred to as “compensators” as it is 
believed they are able to compensate for their ACL deficient knee through a 
combination of inherent anatomy and muscle activation about the knee.
   j.  As in his self-authored statement, the applicant reported to have sustained some 
type of right knee injury on 5 January 1980.  However, this injury appears to have been 
relatively minor:  
The veteran testified under oath that upon coming back into the barracks on 
"double time" after afternoon maneuvers in the snow, his right knee struck a post 
in a fall when his wet boots slipped on a freshly waxed floor. There was quite a 
bit of pain, and he was unable to get back up until about 10 minutes later.  That 
Saturday afternoon he was again required to perform out on the snow. On 
Sunday, he completed a physical agility test where he had to run about 1.5 miles.
    k.  Had this injury been significant, the applicant would have been unable to complete 
the 1.5-mile agility test.
    l.  The appeal states that “X-rays revealed multiple degenerative changes in the right 
knee and loose bodies.”  These degenerative changes are chronic in nature and would 
not have occurred so rapidly after the mild second injury.  The appeal goes on:
In March 1980, the veteran was accorded an arthroscopy and partial 
meniscectomy of the right knee.  The accompanying operative report indicated 
surgical removal for a bucket handle tear of the medial cartilage, femoral 
chondromalacia, and tibial chondromalacia, medial aspect; also an anterior 
cruciate tear.
    m.  It is almost a forgone conclusion that the ACL and meniscus tears were a result of 
the pre-existing skiing injury and not the minor injury in January 1980. 
    n.  It is the opinion of the Agency Medical Advisor that neither a change in his 
separation authority nor a referral of his case to the Disability Evaluation System is 
warranted.   




BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted.  Based upon the available documentation and the findings and 
recommendation of the medical advisor, the Board concluded there was insufficient 
evidence of an error or injustice which would warrant a change to 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 (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 (Personnel Separations – Enlisted Separations), in 
effect at the time, set forth the basic authority for the separation of enlisted personnel.  
The regulation stated in:

	Paragraph 5-7c(2) – 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 did not disqualify him/her for retention 
in the military service under the provisions of chapter 3, AR 40-501 (Standards of 
Medical Fitness).

3.  AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), 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. The mere 
presence of a medical impairment does not in and of itself justify a finding of unfitness.  

4.  AR 40-501 (Standards of Medical Fitness), 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, USC, 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%. 
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%.

6.  Title 38, USC, section 1110 (General - Basic Entitlement) states, for disability 
resulting from personal injury suffered or disease contracted in line of duty, or for 
aggravation of a preexisting injury suffered or disease contracted in line of duty, in the 
active military, naval, or air service, during a period of war, the United States will pay to 
any veteran thus disabled and who was discharged or released under conditions other 
than dishonorable from the period of service in which said injury or disease was 
incurred, or preexisting injury or disease was aggravated, compensation as provided in 
this subchapter, but no compensation shall be paid if the disability is a result of the 
veteran's own willful misconduct or abuse of alcohol or drugs.

7.  Title 38, USC, section 1131 (Peacetime Disability Compensation – Basic 
Entitlement) states, for disability resulting from personal injury suffered or disease 
contracted in line of duty, or for aggravation of a preexisting injury suffered or disease 
contracted in line of duty, in the active military, naval, or air service, during other than a 
period of war, the United States will pay to any veteran thus disabled and who was 
discharged or released under conditions other than dishonorable from the period of 
service in which said injury or disease was incurred, or preexisting injury or disease was 
aggravated, compensation as provided in this subchapter, but no compensation shall be 
paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol 
or drugs.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200000869


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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