IN THE CASE OF:  

		BOARD DATE: 10 August 2023

		DOCKET NUMBER: AR20230000528


APPLICANT REQUESTS: in effect, a physical disability discharge.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military Record)

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 he wants his DD Form 214 (Report of Separation from Active 
Duty) to reflect a disability that occurred in 1979. His time during service wasn’t 
acknowledged. He asks the Board to honor the decision of 29 November 2021. A doctor 
at Fort Campbell, KY, told him he would receive an honorable disability discharge.  

3.  The applicant underwent a medical examination on 24 January 1979 for enlistment 
in the Regular Army. His Standard Form (SF) 88 (Report of Medical Examination) 
shows he had a history of umbilical hernia, and existing cerumen, bilateral and pes 
planus. His existing defects were found acceptable for enlistment, and he was assigned 
a physical profile of 111111.  

A physical profile, as reflected on a DA Form 3349 (Physical Profile) or DD Form 
2808, is derived using six body systems: "P" = physical capacity or stamina; "U" = 
upper extremities; "L" = lower extremities; "H" = hearing; "E" = eyes; and "S" = 
psychiatric (abbreviated as PULHES). Each body system has a numerical 
designation: 1 meaning a high level of fitness; 2 indicates some activity limitations 
are warranted, 3 reflects significant limitations, and 4 reflects one or more medical 
conditions of such a severity that performance of military duties must be drastically 
limited. Physical profile ratings can be either permanent or temporary.

4.  The applicant enlisted in the United States Army Reserve on 24 January 1979 for a 
period of 6 years in the delayed entry program (DEP). He was discharged from the DEP 
enlisting in the Regular Army for a period of 3 years on 28 January 1979.

5.  Enlistment/Travel Order Number 021-07 shows the applicant entered active service 
on 29 January 1979 at Fort Jackson, SC.  

6.  The applicant received a letter of commendation on 13 March 1979 achieving a 
perfect score in automatic rifle marksmanship.  

7.  The applicant was transferred to Fort Benning, GA for additional training. On 
20 April 1979, he was awarded military occupational specialty (MOS) 11B (infantryman).

8.  A DA Form 3082 (Statement of Medical Condition), dated 15 May 1979, shows the 
applicant indicated there had been no change to his medical condition since his last 
separation examination.  

9.  A DA Form 4707, dated 23 May 1979, shows after careful consideration of medical 
records, laboratory findings, and medical examination. the board finds that the service
member was medically unfit for appointment or enlistment in accordance with current 
medical fitness standards and in the opinion of the evaluating physicians the 
condition(s) existed prior to service. The member has the following medical conditions 
and/or physical defects (brief narrative summary):  

	a.  General Statement of Health: This 18-year-old male entered active duty at Fort 
Benning, Georgia in January 1979. Prior to his entrance on active duty, he had 
experienced difficulty with severe flat feet which prevented him from participating in 
physical activities requiring a moderate amount of walking and/or running. On his 
entrance physical examination, Standard Form 88, dated 24 January 1979, a notation 
was made of his flat feet. While undergoing basic training at Fort Benning, Georgia, the 
patient experienced great pain in his feet and reported to the Podiatry Clinic where he 
was examined and fitted with accommodative arch supports. The patient presented to 
the Podiatry Clinic at Fort Campbell, Kentucky on 15 May 1979 with a chief complaint of 
extremely painful bilateral flat feet. An examination on that date revealed marked pes 
planus with a total collapse of the medial arch and prominent bulging of the navicular 
bilaterally. Radiographs confirmed the presence of severe pes planus. Further 
examination of the individual indicated he was having great difficulty running, marching, 
or standing for prolonged periods of time. 

	b.  Current Clinical & Laboratory Findings: The patient is in apparently good health 
with the exception of the bilateral flat feet. Complete blood count, urinalysis, chest x-ray 
were within normal limits. Weigh bearing radiographs of the feet demonstrated marked 
pes planus, a decreased calcaneal inclination angle and an anterior breach of the cyma 
line. The patient experiences marked tenderness on palpation at the level of the 
metatarsal phalangeal joints at the insertion of the plantar fascia.

	c.  Present Condition: This 18-year-old male with severe pes planus is experiencing 
great difficulty running, marching, or standing for prolonged periods. The signs and 
symptoms are related to a condition of both feet which have existed for many years 
prior to entrance on active duty. 

	d.  The applicant was diagnosed with severe pes planus, bilaterally (flat feet) and 
assigned a profile of 113111 with limitations on running, marching, and jumping. He was 
found unfit for enlistment in accordance with AR 40-501, paragraph 2-10b(5).

	e.  The findings were approved and the applicant concurred with the proceedings 
and requested to be discharged without delay. 

10.  A DA Form 664 (Service Member’s Statement Concerning Application for 
Compensation from the Veterans Administration), dated 12 June 1979, shows the 
applicant filed an application for such compensation on VA Form 21-526e. 

11.  The applicant was honorably discharged on 13 June 1979 under the provisions of 
AR 635-200, paragraph 5-7. His DD Form 214 shows he was credited 4 months and 15 
days of net active service this period.  

12.  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.

13.  Title 38, U.S. Code, 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. 

14.  Title 38, CFR, Part IV is the VA’s 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.



15.  MEDICAL REVIEW:

    a.  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:  
    b.  The applicant is applying to the ABCMR requesting, in essence, a referral to the 
disability evaluation system.  He states:
“I humbly ask that my DD-214 by amended / edited to reflect a disability problem 
that occurred in the year of 1979.  My time during service wasn’t acknowledged.  
My discharge should have included a Disabled Vet.  I ask that you honor the 
decision of 11/29/2022 from a decision that was rendered on or before that date.”
    c.  The Record of Proceedings details the applicant’s military service and the 
circumstances of the case.  His DD 214 for the period of Service under consideration 
shows he entered the Regular Army on 29 January 1979 and was honorably discharged 
on 13 June 1979 under authority provided by paragraph 5-7 of AR 635-200, Personnel 
Separations – Enlisted Personnel (1 March 1978): Separation of personnel who did not 
meet procurement medical fitness standards. 
    d.  The applicant’s pre-entrance Report of Medical Examination notes the applicant to 
have been in good health and was qualified for enlistment but that he did have bilateral 
pes planus [aka flat feet”.
    e.  The applicant was referred to an Entrance Physical Standards Board (EPSBD) for 
bilateral foot pain IAW paragraph 5-11 of AR 635-200.  EPSBDs 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 aggravated by their military service.  
    f.  From the 22 May 1979 Entrance Physical Standards Board (EPSBD) Proceedings 
(DA Form 4707):
“General Statement of Health: This 18-year-old black male entered active duty at 
Fort Benning, Georgia in January 1979.  Prior to his entrance on active duty, he 
had experienced difficulty with severe flat feet which prevented him from 
participating in physical activities requiring a moderate amount of walking and/or 
running.  On his entrance physical examination, Standard Form 88, dated 24 
January 1979, a notation was made of his flat feet. 
While undergoing basic training at Fort Benning, Georgia, the patient 
experienced great pain in his feet and reported to the Podiatry Clinic where he 
was examined and fitted with accommodative arch supports.  The patient 
presented to the Podiatry Clinic at Fort Campbell, Kentucky on 15 May 1979 with 
a chief complaint of extremely painful bilateral flat feet.  
An examination on that date revealed marked pes planus with a total collapse of 
the medial arch and prominent bulging of the navicular bilaterally.  
Radiographs confirmed the presence of severe pes planus. Further examination 
of the individual indicated he was having great difficulty running, marching or 
standing for prolonged periods of time.
Current Clinical & Laboratory Findings: … Weight bearing radiographs of the feet 
demonstrated marked pes planus, a decreased calcaneal inclination angle and 
an anterior breach of the cyma line. The patient experiences marked tenderness 
on palpation at the level of the metatarsal phalangeal joints at the insertion of the 
plantar fascia.
Present Condition: This 18-year-old male with severe pes planus is experiencing 
great difficulty running, marching, or standing for prolonged periods. The signs 
and symptoms are related to a condition of both feet which have existed for many 
years prior entrance on active duty
Diagnosis: Severe pes planus bilaterally (medically unfit for enlistment IAW Par 
2-10b(5), AR 40-501.”
    g.  Paragraph 2-10b(5) of AR 40-501 (27 May 1976) states “Flatfoot, pronounced 
cases, with decided eversion of the foot and marked bulging of the inner border, due to 
inward rotation of the astragalus {talus}, regardless of the presence or absence of 
symptoms” is a cause for rejection for appointment, enlistment, and induction.
    h.  On 24 May 1979, the board determined his medical condition had existed prior to 
service, had not been permanently aggravated by his military service, did not meet one 
or more medical enlistment/induction standards, and was not compatible with continued 
military service.  The applicant agreed with the board’s findings on 24 May 1979, 
marking the election “I concur with these proceedings and request to be discharged 
from the US Army without delay.”
    i.  Review of his records in JLV shows he has three service-connected VA service-
connected disabilities, including one for “Flat Foot Condition.”  However, the DES only 
compensates an individual 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.  These roles and authorities are granted by Congress to the 
Department of Veterans Affairs and executed under a different set of laws.
    j.  It is the opinion of the ARBA Medical Advisor that a referral of his case to the 
Disability Evaluation System is unwarranted. 

BOARD DISCUSSION:

The Board carefully considered the applicant's request, supporting documents, 
evidence in the records, a medical review, and published Department of Defense 
guidance for liberal consideration of requests for changes to discharges. 

2.  The Board concurred with the conclusion of the ARBA Medical Advisor that the 
evidence confirms the applicant was properly discharged based on a condition that did 
not meet enlistment/induction standards. The Board found no evidence that would 
support a different reason for the applicant’s discharge.  Based on a preponderance of 
the evidence, the Board found the reason for the applicant’s discharge was not in error 
or unjust.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:xx	:xx	:xx	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 (AR) 635-200 (Personnel Separations – Enlisted Personnel), in 
effect at the time, set forth the basic authority for the separation of enlisted personnel. 
Chapter 5 sets forth the conditions under which enlisted personnel may be discharged, 
released from active duty or active duty for training, or released from military control, for 
the convenience of the Government with service characterization as honorable or under 
honorable conditions.  

	b.  Paragraph 5-7 states members who were not medically qualified under 
procurement medical fitness standards when accepted initial enlistment will be will be 
separated when medical proceedings, regardless of the date completed, establishes 
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.

3.  Title 10, USC, chapter 61, provides the Secretaries of the Military Departments with 
authority to retire or discharge a member if they find the member unfit to perform military 
duties because of physical disability. The U.S. Army Physical Disability Agency is 
responsible for administering the Army physical disability evaluation system and 
executes Secretary of the Army decision-making authority as directed by Congress in 
chapter 61 and in accordance with DOD Directive 1332.18 and Army Regulation 635-40 
(Physical Evaluation for Retention, Retirement, or Separation).

	a. Soldiers are referred to the disability system when they no longer meet medical 
retention standards in accordance with Army Regulation 40-501 (Standards of Medical 
Fitness), chapter 3, as evidenced in an MEB; when they receive a permanent medical 
profile rating of 3 or 4 in any factor and are referred by an MOS Medical Retention 
Board; and/or they are command-referred for a fitness-for-duty medical examination.

	b. The disability evaluation assessment process involves two distinct stages: the 
MEB and PEB. The purpose of the MEB is to determine whether the service member's 
injury or illness is severe enough to compromise his/her ability to return to full duty 
based on the job specialty designation of the branch of service. A PEB is an 
administrative body possessing the authority to determine whether or not a service 
member is fit for duty. A designation of "unfit for duty" is required before an individual 
can be separated from the military because of an injury or medical condition. Service 
members who are determined to be unfit for duty due to disability either are separated 
from the military or are permanently retired, depending on the severity of the disability 
and length of military service. Individuals who are "separated" receive a one-time 
severance payment, while veterans who retire based upon disability receive monthly 
military retired pay and have access to all other benefits afforded to military retirees.

	c. The mere presence of a medical impairment does not in and of itself justify a 
finding of unfitness. In each case, it is necessary to compare the nature and degree of 
physical disability present with the requirements of the duties the Soldier may 
reasonably be expected to perform because of his or her office, grade, rank, or rating. 
Reasonable performance of the preponderance of duties will invariably result in a 
finding of fitness for continued duty. A Soldier is physically unfit when a medical 
impairment prevents reasonable performance of the duties required of the Soldier's 
office, grade, rank, or rating.

4.  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.

5.  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.

6.  AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) 
establishes the Army Disability Evaluation System 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. Only the unfitting conditions or defects and those which contribute to unfitness 
will be considered in arriving at the rated degree of incapacity warranting retirement or 
separation for disability. Once a determination of physical unfitness is made, all 
disabilities are rated using the Department of Veterans Affairs Schedule for Rating 
Disabilities (VASRD).

	a.  Disability compensation is not an entitlement acquired by reason of service-
incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted 
and who can no longer continue to reasonably perform because of a physical disability 
incurred or aggravated in military service.

	b.  Soldiers who sustain or aggravate physically-unfitting disabilities must meet the 
following line-of-duty criteria to be eligible to receive retirement and severance pay 
benefits:

		(1)  The disability must have been incurred or aggravated while the Soldier was 
entitled to basic pay or as the proximate cause of performing active duty or inactive duty 
training.

		(2)  The disability must not have resulted from the Soldier's intentional 
misconduct or willful neglect and must not have been incurred during a period of 
unauthorized absence.

7.  AR 40-501 (Standards of Medical Fitness) governs medical fitness standards for 
enlistment, induction, appointment (including officer procurement programs), retention, 
and separation (including retirement). The Department of Veterans Affairs Schedule for 
Rating Disabilities (VASRD). VASRD is used by the Army and the VA as part of the 
process of adjudicating disability claims. It is a guide for evaluating the severity of 
disabilities resulting from all types of diseases and injuries encountered as a result of or 
incident to military service. This degree of severity is expressed as a percentage rating 
which determines the amount of monthly compensation.

8.  Section 1556 of Title 10, USC, requires the Secretary of the Army to ensure that an 
applicant seeking corrective action by the Army Review Boards Agency (ARBA) be 
provided with a copy of any correspondence and communications (including summaries 
of verbal communications) to or from the Agency with anyone outside the Agency that 
directly pertains to or has material effect on the applicant's case, except as authorized 
by statute. ARBA medical advisory opinions and reviews are authored by ARBA civilian 
and military medical and behavioral health professionals and are therefore internal 
agency work product. Accordingly, ARBA does not routinely provide copies of ARBA 
Medical Office recommendations, opinions (including advisory opinions), and reviews to 
Army Board for Correction of Military Records applicants (and/or their counsel) prior to 
adjudication.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230000528


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1