IN THE CASE OF: 

		BOARD DATE: 7 September 2022

		DOCKET NUMBER: AR20220002935


APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Report of 
Separation from Active Duty) for the period ending 9 March 1978 to show she was 
separated by reason of physical disability for conditions incurred or permanently 
aggravated in service.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record under the Provisions of 
Title 10, U.S. Code, Section 1552).

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, 
U.S. 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:

	a.  The remarks section (presumed to mean additional instructions of her separation 
orders) indicates "Physical Disability EPTS Medical Board," which is not correct. She 
had three medical issues and none of them existed prior to service.

	b.  Her first medical issue – and most significant – was temporomandibular joint 
(TMJ) syndrome, which she did not have prior to military service and rendered her 
unable to complete her first advanced individual training (AIT). She waited 8 months in a 
"casual" status until a second AIT was offered. She believes her TMJ syndrome was a 
result of having her wisdom teeth removed while she was in the Army. Her impacted 
wisdom teeth were basically removed with a hammer and chisel with no anesthesia. 
The subsequent swelling was quite severe. She has suffered from TMJ ever since, 
which included years of dental procedures and cortisone injections in her jaw. She was 
unaware that she had any recourse via Department of Veterans Affairs (VA) medical 
care until recently.

	c.  Another medical issue she had during AIT was fainting and seizures. There was 
no cause found at the time, but she now knows it was due to a medical condition 
because she continued to faint from time to time after that incident. Eventually a heart 
condition was found when she failed a tilt table test (medical procedure used to 
diagnose fainting).

	d.  The other issue was an allergy to bee stings, which was discovered during AIT 
after she was stung by a bee and had a severe reaction requiring an emergency room 
visit and epinephrine shot. She has allergies to many things now and occasionally has 
severe reactions requiring emergency room visits.

	e.  She continues to have issues with TMJ, fainting, and severe allergies and needs 
her DD Form 214 corrected so she can have these issues considered service related.

	f.  She had no idea she was eligible for any VA benefits until 2014. VA benefits were 
not mentioned when she was discharged. She has relied on VA for her healthcare since 
2019. Since she still suffers from conditions that caused her discharge from the military, 
she would like to have those conditions included as service related so she is covered for 
when and if they occur again. She never thought much about these medical conditions, 
but a friend recently suggested that she request this change to her DD Form 214.

	g.  She met with someone at the VA who suggested that she request these updates 
because he/she thought her DD Form 214 was inaccurate. This was when she realized 
her DD Form 214 needed to be corrected.

3.  She enlisted in the U.S. Army Reserve on 28 February 1977 for a period of 6 years 
under the Delayed Entry/Enlistment Program with a commitment to enlist in the Regular 
Army on 7 March 1977. She was discharged from the Delayed Entry/Enlistment 
Program for immediate enlistment in the Regular Army for a period of 3 years effective 
7 March 1977.

4.  Her Standard Forms 600 (Chronological Record of Medical Care) show she sought 
treatment on/for:

*	18 April 1977 – possible TMJ syndrome
*	5 August 1977 – possible TMJ syndrome and notes the applicant's recent 
wisdom tooth extraction
*	26 August 1977 – required full TMJ evaluation by orthopedic or periodontal 
specialist
*	31 August 1977 – required referral for oral surgery

5.  Her Standard Form 513 (Consultation Sheet), 6 September 1977, shows she was 
stung by a wasp this weekend. She has a history of allergy to stinging insects and 
needed reevaluation. The consultation sheet states:

	a.  In 1968, she was stung on her hand, she had arm swelling and difficulty 
breathing.

	b.  In 1971, she had allergy testing and was administered insect injections until 
1974. One sting while on injections and there was no reaction.

	c.  She was stung on the knee by a bee 2 weeks ago. She had difficulty breathing 
and required epinephrine and Benadryl in the emergency room.

6.  Her Standard Form 600, 17 October 1977, shows she fainted and noted she had a 
seizure last night and has had seizures in the past. The record of medical care noted 
she has had similar episodes 3 or 4 times in the past 5 years, usually after eating a 
candy bar.

7.  Her DA Form 3349 (Medical Condition – Physical Profile Record), 27 October 1977, 
shows she was assigned a permanent physical profile rating for hearing. and diagnosis 
and treatment for TMJ disease.

8.  Her Standard Form 513, 13 February 1978, shows her diagnosis as "insect sting, 
generalized reaction at the age of eight." She verified her reaction to the treating 
physician and noted she should be out of the service for the EPTS condition. Her 
present medical history states:

This 18 year old female stated that at the age of eight or nine she had a generalized 
reaction following a possible bee sting, (it was an insect sting, possibly a bee sting). 
It was unknown whether she sustained a true bee sting or another stinging insect, 
but within minutes, she had chest tightness, developed a rash on her face, eyes 
were swollen, and she had generalized itching. She was seen in the Emergency 
Room in New Hampshire and given appropriated medications. She was on allergy 
injections for several years and then seen at Fort Devens, Massachusetts in 
October 1977 where allergy shots were re-started after she was tested.

9.  Her Standard Form 600, 23 February 1978, states she was evaluated for MT 
(presumed to mean TM) joint disease and has a permanent physical profile rating. A 
diagnosis of TMJ is shown. The plan consisted of radiography (x-ray) for TMJ.

10.  Her Standard Form 502 (Narrative Summary), 24 February 1978, shows the 
diagnosis as insect sting reaction. The military capabilities and recommendations state:

Not physically qualified for enlistment into the Military Service at the time of entrance 
pursuant to Chapter 3, paragraph 3-36c(1-3), AR [Army Regulation] 40-501 
[Standards of Medical Fitness]. LD [Line of Duty] EPTS. The basis for my EPTS 
Diagnosis is Clinical….This patient does not need total continuity of medical care 
and placement into or evacuation to a Veterans Administration Hospital.

11.  The Statement of Change of Medical Status, 28 February 1978, shows she 
acknowledged the amendment to her Standard Form 88 (Report of Medical 
Examination) and Standard Form 93 (Report of Medical History) to add her condition of 
allergy to insect stings. She understood this condition EPTS.

12.  The DA Form 3947 (Medical Board Proceedings), 28 February 1978, shows the 
applicant was found medically unfit for further military service in accordance with current 
medical fitness standards for the condition of allergy to insect stings. The condition was 
not incurred in the line of duty, it EPTS, and was not aggravated by active duty. The 
board recommended the applicant's discharge due to being unfit for enlistment or 
reenlistment. The applicant acknowledged with her signature that she has been 
informed of the approved findings and recommendations of the board and agreed with 
the board's action.

13.  Her DA Form 2496 (Disposition Form), 28 February 1978, shows she requested 
expeditious discharge for physical disability.

	a.  She acknowledged she had been informed that, based upon the findings and 
recommendations of a medical board, she is considered unfit for retention in the military 
service by reason of physical disability which has been found to have existed prior to 
her enlistment and which is neither incident to nor aggravated by her military service.

	b.  She also understood that entitlement to VA benefits would be determined by the 
VA.

	c.  She understood if her application was approved, she would be separated by 
reason of physical disability EPTS and would receive a discharge commensurate with 
the character of her service.

14.  She was honorably discharged on 9 March 1978. She did not complete AIT and 
she was not awarded a military occupational specialty. Her DD Form 214 shows in:

*	item 9a (Type of Separation) – Discharge
*	item 9c (Authority and Reason) – Army Regulation 635-40 (Physical Evaluation 
for Retention, Retirement, or Separation), chapter 5 (Expeditious Discharge), 
Separation Program Designator – KFN (Released for Physical Disability Existing 
Prior to Service)
*	item 9e (Character of Service) – Honorable
*	item 10 (Reenlistment Code) – RE-4 (Not Eligible for Reenlistment – 
Nonwaivable Disqualification)
*	item 16a (Primary Specialty Number and Title) – 09E00 Trainee None
*	item 18a (Net Active Service This Period) – 1 year and 3 days

15.  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/or 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 three medical conditions be 
determined to have been caused by her military service so that they will be covered as 
part of her care thru the Veterans Hospital Administration (VHA).  She states these 
conditions are temporomandibular joint (TMJ) syndrome, fainting/seizure, and an allergy 
to bee stings.

    b.  The Record of Proceedings details the applicant’s military service and the 
circumstances of the case.  Her DD 214 for the period of Service under consideration 
shows she entered the regular Army on 7 March 1977 and was honorably discharged 
on 9 March 1978 under the provisions in Chapter 5 of AR 635-40, Physical Evaluation 
for Retention, Retirement, or Separation (25 February 1975): “Expeditious Discharge.”  
The military separation code KFN denotes “Disability, Existed Prior to Service, Med 
Board.”

    c.  Paragraph 5-1 of AR 635-40:

“This chapter provides for the expeditious discharge of enlisted personnel who, in 
accordance with chapter 3, AR 40-501 {Standards of Medical Fitness}, are not 
qualified for retention on active duty by reason of physical disability which was 
neither incurred nor aggravated during any period in which the member was 
entitled to basic pay.”

    d.  Paragraph 5-2 of AR 635-40:

“The provisions of this chapter apply to all enlisted members of the
Army except t h e following: 

a. Members who are mentally incompetent.

b. Members to whom disclosure of information regarding their condition would be 
deleterious to their physical or mental health.

c. Members who will require continued hospitalization or institutional care 
subsequent to separation.

d. Members who demand consideration by a PEB.

e. Members who are eligible for and request continuance on active duty under 
the provisions of chapter 6.

f. Members who are ineligible for processing under this regulation, as described 
in paragraph 1-2.”

    e.  On an Airforce pre-enlistment Report of Medical History dated 28 December 1976, 
the applicant marked the yes boxes in block 11 (Have you ever had or have you now?) 
for “Dizziness or fainting spells” and “High or low blood pressure.”  Noted in block 25 is 
“allergy to Beestings.”  It appears that after an evaluation of her beesting allergy, she 
was found qualified to enlist in the Air Force.

    f.  She marked the no boxes for these same issues on an Army pre-enlistment Report 
of Medical History dated 28 February 1977, and there is no mention of a beesting 
allergy.

    g.  The applicant was stung on the knee by a bee in August 1977.  She had difficulty 
breathing which was treated in the emergency room with epinephrine and Benadryl.  
Her history as noted on a 6 September 1977 allergy clinic evaluation included a bee 
sting on her hand in 1968 which caused arm swelling and difficulty breathing.  She was 
subsequently treated with allergy shots and was apparently stung in 1974 and did not 
have an allergic reaction.

    h.  The applicant was referred to the medical evaluation board for “Allergy to Insect 
Stings.”  The board determined she failed medical enlistment and retention standards in 
AR 40-501, Standards of Medical Fitness.  On 28 February 1978, the applicant 
requested discharge from the Army and declined the opportunity to be evaluated via the 
Physical Disability Evaluation System:

“1. I request discharge for physical disability.  I have been informed that, based 
upon the findings and recommendations of a Medical Board, I am considered to 
be unfit for retention in the military service by reason of physical disability which 
has been found to have existed prior to my enlistment and which is neither 
incident to nor aggravated by my military service.

2. I have been fully informed and understand that I am entitled to the same 
consideration and processing as any other member of the Army who is separated 
for physical disability.  I understand that this includes consideration of my case by 
the adjudicative system established by the Secretary of the Army for processing 
disability separations.  However, I elect not to exercise this right.  I also 
understand that entitlement to Veterans Administration benefits will be 
determined by Veterans Administration.

3. If this application is approved, I understand that I will be separated by reason 
of physical disability existing prior to service and will receive a discharge of the 
type commensurate with the character of my service, as determined by the 
officer designated to effect my separation.”

    i.  Review of submitted Army medical records show she was treated once after 
fainting with no follow-up noted identified; and that she was treated for bilateral ear pain 
which was later diagnosed as bilateral TMJ syndrome.  However, there is no evidence 
these or any other medical condition would have failed the medical retention standards 
of chapter 3, AR 40-501 prior to her discharge.  Thus, there was no cause for referral to 
the Disability Evaluation System.  Furthermore, there is no evidence that any medical 
condition prevented the applicant from being able to reasonably perform the duties of 
her office, grade, rank, or rating prior to his discharge.

    j.  It is the ARBA medical advisor’s opinion that her TMJ syndrome could be shown to 
be service connected by the VA.   It is recommended the medical records supplied to 
the Board by NARA be provided to the applicant to assist her in making this claim. 


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the applicant's military records, the Board found that relief was not warranted. 
The Board carefully considered the applicant's record of service, documents submitted 
in support of the petition and executed a comprehensive and standard review based on 
law, policy and regulation.  Upon review of the applicant’s petition, available military 
records and the medical review the Board concurred with the advising official finding no 
evidence these or any other medical condition would have failed the medical retention 
standards prior to her discharge. As such, there was no cause for referral to the 
Disability Evaluation System.  Furthermore, there is no evidence that any medical 
condition prevented the applicant from being able to reasonably perform the duties of 
her office, grade, rank, or rating prior to her discharge.  Therefore, relief was denied.

2.  Referral to the IDES occurs when a Soldier has one or more conditions which 
appear to fail medical retention standards as documented on a duty liming permanent 
physical profile.  The DES compensates an individual only for service incurred medical 
condition(s) which have been determined to disqualify him or her from further military 
service.  The DES has neither the role nor the authority to compensate service 
members for anticipated future severity or potential complications of conditions which 
were incurred or permanently aggravated during their military service; or which did not 
cause or contribute to the termination of their military career.  These roles and 
authorities are granted by Congress to the Department of Veterans Affairs and executed 
under a different set of laws.



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 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 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR. The ABCMR begins its consideration of each case 
with the presumption of administrative regularity. The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.
3.  Army Regulation 40-501 (Medical Services Standards of Medical Fitness), 
5 December 1960, with changes, set forth the various medical conditions and physical 
defects which may render a member unfit for further military service. Chapter 3 
(Retention Medical Fitness Standards) stated members with conditions listed in this 
chapter will be evaluated by a medical board and will be referred to a physical 
evaluation board. Each case will be decided upon the relevant facts and a determination 
of fitness or unfitness will be made by the physical evaluation board dependent upon 
the abilities of the member to perform the duties of his/her office, grade, rank or rating in 
such a manner as to reasonably fulfill the purpose of his/her employment in the military 
service. A member will not be referred to a physical evaluation board because of 
impairments which were known to exist at time of his/her acceptance for military 
service, and which have remained essentially the same in degree of severity since 
acceptance and have not interfered with his/her performance of effective military 
service. Members who are believed to be unfit because of physical disability or who 
have one or more of the conditions listed in this chapter will be processed as prescribed 
in Army Regulation 40-3 (Medical, Dental, and Veterinary Care) and Army 
Regulation 635-40 to determine their eligibility for physical disability benefits under 
Title 10, U.S. Code, chapter 61. For Active Army members, the following sections set 
forth, by broad general category, those medical conditions and physical defects which 
require medical board action and referral to a physical evaluation board. Paragraph  
3-36c (Miscellaneous Conditions and Defects): conditions and defects, individually or in 
combination, if:

	a.  the individual is unable to perform the duties of his/her office, grade, rank or 
rating in such a manner as to reasonably fulfill the purpose of his/her employment in the 
military service.

	b.  the individual's health or well-being would be compromised if he/she were to 
remain in the military service; or


	c.  in view of the member's physical condition, his/her retention in the military service 
would prejudice the best interest of the Government.

4.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or 
Separation), 25 February 1975, established the Army Physical Disability Evaluation 
System. It provided for policies, responsibilities and procedures for the retention, 
retirement or separation of a member who is determined to be unfit to perform the 
duties of his office, grade, rank or rating because of physical disability. Chapter 5 
(Expeditious Discharge) stated this chapter provided for the expeditious discharge of 
enlisted personnel who are not qualified for retention on active duty by reason of 
physical disability which was neither incurred nor aggravated during any period in which 
the member was entitled to basic pay.

5.  Title 38, U.S. Code, section 1110 (General – Basic Entitlement), provides that for 
disability resulting from personal injury suffered or disease contracted in the line of duty 
or for aggravation of a preexisting injury suffered or disease contracted in the 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.

6.  Title 38, U.S. Code, section 1131 (Peacetime Disability Compensation – Basic 
Entitlement), provides that for disability resulting from personal injury suffered or 
disease contracted in the line of duty or for aggravation of a preexisting injury suffered 
or disease contracted in the 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.

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